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. 3, March 1994
NATIONAL
CONVENTION
National Convention Proceedings
Papers of Nationalities Delegates
Papers of Peasants, Workers, Intelligentsia and Intellectuals, and State
Service Personnel Delegates
Papers of "Other Invited Delegates" (including "Special
regions")
Papers of Political Parties Delegates
Papers of Representatives-elect Group
NATIONAL CONVENTION
National
Convention Proceedings
[During the earlier part of the month,
delegate groups from the National Convention met to discuss the Constitutional
headings "The State," "State Structure," and "Head of
State." Reports list major speakers or presenters of paper proposals, but
without further details. We note speakers only when their identity seems of
special interest.]
Feb. 28: The National Convention Convening
Work Committee met, chaired by Chief Justice U Aung Toe. (NLM 3/1)
Mar. 3: Two groups met. National Races: Will
resume Mar. 4. Other Invited Delegates: heard proposal papers from U Le Kyu Lei
(a) U Aung Myint of
Mar. 4: Three groups met. National Races:
Will resume Mar. 8. Intelligentsia and Intellectuals: Will resume Mar. 11.
State Service Personnel. (NLM 3/5)
Mar. 7: Three groups met. Workers. State
Service Personnel. Other Invited Delegates. (NLM 3/8)
Mar. 8: Four groups met. National Races: Will
resume Mar. 9. Intelligentsia and Intellectuals. State Service Personnel. Other
Invited Delegates. (NLM 3/9)
Mar. 9: Two groups met. National Races. State
Service Personnel. (NLM 3/10)
Mar. 10: Three groups met. Other Invited
Delegates: will resume Mar. 11. Representatives-elect. Nationalities. (NLM
3/11)
Mar. 11: Two groups met. Other Invited
Delegates. State Service Personnel. (NLM 3/ 12)
Mar. 14: Four groups met. National Races.
Workers. Intelligentsia and Intellectuals. Other Invited Delegates. (NLM 3/15)
Mar. 16: A plenary session of the National
Convention will begin March 23, "to be able to submit proposal papers in
connection with chapter headings on the State, the State Structure and the Head
of State which have been compiled by various delegate groups and which should
be taken as base in laying down the fundamental principles, it was announced by
the authorities concerned." Four groups met. State Service Personnel:
heard several papers. National Races. Peasants. Intelligentsia and
Intellectuals. (NLM 3/17)
Mar. 17: Two groups met. Other Invited
Delegates: will resume Mar. 18. National Races. (NLM 3/18)
Mar. 18: Four groups met. National Races:
approved a paper to be read at the Plenary Session. Peasants: approved a paper
to be read at the Plenary Session. Workers: approved a paper to be read at the
Plenary Session. Other Invited Delegates: will resume Mar. 19 and 20. (NLM
3/19)
Mar. 21: Two groups met. Intelligentsia and
Intellectuals: approved a paper to be read at the plenary session. Other
Invited Delegates: approved a paper to be read at the plenary session. (NLM
3/22)
Mar. 23: The Plenary Session of the National
Convention convened, with 666 of 694 delegates present. In his opening address,
Alternate Chairman Dr. Than Nyunt said "delegates would be submitting
their proposal papers expressing their opinions on the details of the
respective chapters in connection with principles to serve as basis for the
three chapters 'the State, State Structure and Head of State' which will be
included in writing the State Constitution." The proposal papers of the
Nationalities Delegates Group were presented [see texts below]. (NLM 3/24)
Mar. 24: The Plenary Session continued, with
663 of 694 delegates present. The proposal papers of the Peasants, Workers,
Intelligentsia and Intellectuals, and State Service Personnel Delegates Groups
were presented [see texts below]. (NLM 3/25)
Mar. 25: The Plenary Session continued, with
663 of 694 delegates present. Proposal papers were presented by members of the
Other Invited Delegates Group, including "Special Regions" Nos. 1-5.
(NLM 3/26)
Mar. 28: The Plenary Session continued, with
659 of 694 delegates present. Proposal papers were presented by members of the
Other Invited Delegates Group ("Special Regions" Nos. 6-7 and two
individuals), and by the Political Parties Group (National Unity Party, Union
Pa-O National Organization, Shan State Kokang Democratic Party, and Mro or
Khami National Solidarity Organization). (NLM 3/29)
Mar. 29: The Plenary Session continued, with
650 of 694 delegates present. Proposal papers were presented by members of the
Political Parties Group (Lahu National Development Party, Union Kayin League,
Kokang Democracy and Unity Party, Wa National Development Party, and National
League for Democracy). In the evening, Minister for Progress of Border Areas
and National Races and Development Affairs Lt-Gen. Maung Thint hosted a dinner
for "nationalities leaders and members" attending the National
Convention. (NLM 3/30)
Mar. 30: The Plenary Session continued, with
655 of 694 delegates present. Proposal papers were presented by members of the
Political Parties Group (Shan Nationalities League for Democracy) and
Representatives-elect Group (National Unity Party, Union Pa-O National
Organization, Kokang Democratic Party, two independent representatives-elect,
Mro or Khami National Solidarity Organization).
Papers of Nationalities Delegates
Mar. 23 [full text, transcribed as printed]:
The following is a translation of salient points from proposal papers on
fundamental principles to form as base in the chapter
Proposal by three delegates
U Haran Leun of Thantlang Township, Chin
State, U Kyaw Pan Tha of Minbya Township, Rakhine State, and U Than Shwe of
Yenangyoung Township, Magway Division submitted the proposal papers on basic
principles to be included in the chapters "The State, State Structure and
Head of State" to the National Convention.
U
[Definitions of State proposed]
U Haran Leun submitted the first part of the
paper on the chapter "The State". He said:
The Union of Myanmar is home to different
nationalities who have been residing in the
A basic principle stating that the Union of
Myanmar is a nation where different nationalities reside together is to be
added to reflect that the cause of nationalities is the cause of the Union of
Myanmar, and that nationalities stand firmly together.
He then proposed to include in the State
Chapter the following five basic principles:
(1)
(2) The nation shall be called the Republic
of the Union of Myanmar,
(3) The national sovereignty shall reside in
the people and in the entire State,
(4) The territory of the State shall be that
which exists on the day the Constitution comes into effect,
(5) The Union of Myanmar is a nation where
different nationalities reside.
U Kyaw Pan Tha of Minbya,
[Various self-administered areas proposed]
Next, U Kyaw Pan Tha, a nationalities
delegate of
How self-administered divisions and
self-administered zones should be designated is to be proposed now.
As legislative powers, executive powers and
judicial powers will be delegated to the self-administered divisions, it is
proposed that there should be districts and townships in a self-administered
division. The self-administered division should not be as high in status as the
Region or State but it should be higher in status than the district in the
Region or State.
Self-administered zones are not as high in
status as self-administered divisions. But they should not be lower in status
than districts. Self-administered zones should be designated for nationalities
residing close together on the same stretches of land.
In connection with the commission to be
formed by the State for designating self-administered divisions and
self-administered zones, he said:
A commission is the one which has been
assigned to carry out a specific duty. According to experiences, matters
carried out by a commission usually take time and all kinds of accusations
against the commission may emerge.
All the delegates of the National Convention
are responsible for enabling the national brethren to enjoy their rights of
management, the delegates themselves should discuss and coordinate who should
get self-administered divisions and who should get self-administered zones and
finally designate the specific areas for them, instead of assigning to a
commission by the State.
The nationalities delegates group wishes to
give full support to the proposals of the national brethren if they conform to
the prescribed principles. In accordance with the para 32 of the National
Convention procedures, the following principles have been approved, through the
panel of chairmen of the nationalities group delegates, to be presented to the
National Convention Plenary Session:
1. to designate Naga Hill Region as
self-administered division or self-administered zone,
2. to designate Pa-Oh nationals
self-administered division,
3. to designate Danu nationals
self-administered division or self-administered zone.
4. to designate Ta-ang (Palaung) nationals
self-administered division,
5. to designate Kokang nationals
self-administered division,
6. to designate A Kha nationals
self-administered zone,
7. to designate the self administered zone
for Kayan nationals,
8. to upgrade Panglong to township status and
place it under direct administration of the President of the State designating
it as a Union territory,
9. to designate Innlay as self-administered
special region of Intha nationals or a Union territory under direct administration
of the State,
10. to designate self-administered division
for Wa nationals,
11. to designate Paletwa area as Paletwa
Hills Self-Administered Division,
12. Proposal of the four Kachin nationals
delegates and other separate proposals are:
13. separate proposals of eight Shan national
delegates of
14. Kachin national delegate U Zok Dawng of
U Than Shwe of Yenangyoung, Magway Division
[Qualifications for Presidency]
U Than Shwe of Yenangyoung Township, Magway
Division, submitted the proposal paper:
He quoted the address of the Chairman of the
National Convening Commission delivered on
He observed that the idea is most
appropriate. He was convinced the Commission Chairman did not cite
deteriorating economic and social conditions resulting from political
instability in nations far and near where the executive is headed by the Prime
Minister as he would not like to cite them.
He said
He also said: For a person to be qualified
for election to the office of the President of the Union, it is most necessary
that this person, parents, 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.
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
any 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 Law 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
Papers by two delegates of
[Naga self-administered area proposed]
A proposal paper on the chapter headings the
State, State Structure and Head of State compiled by two delegates of the
nationalities delegates group U Hla Pe (a) U Kam Yam of Hkamti Township,
Sagaing Division, and U Khaw Lat Saw of Leshi Township, Khamti District, Naga
Hill regions in Sagaing Division, was submitted by one of them, U Khaw Lat Saw.
He proposed that Hkamti District in the Naga
hill region be designated as Naga Self-Administered Division or Naga Self-Administered
Zone.
Speaking of the origin of Naga, he said Naga
nationals are of Mongoloid stock and the former inhabitants of Mongol hill
region migrated into Myanmar in three groups. Of them it was in Tibeto-Myanmar
group in which --
1. Naga
2. Myanmar
3. Thet
4. Kachin
5. Chin and
6. Lolomuso sub-groups were included.
He said the Naga nationals have settled in
the far north-west of Myanmar, to the east of India in a community.
The territory of Naga Hill region is bounded
by Kachin State in the north-west and north-east, Naga and Assam States of
India in the west, Katha District in the south-east and Kalay District in the
south.
The area of the district is 13,789 sq-miles
and according to Encyclopaedia Myanmarnica Volume V, it is 8,479 sq-miles, he
said.
He said the region is populated by more than
300,000 people including about 200,000 Naga nationals. In the book
"Shwepyidaw Hmyaw Mawaypyimoh" published in October, 1993, it is
described according to the latest census estimates that Naga nationals account
for 0.18 per cent of the total population of Myanmar, Kayah 0.16 per cent and
Kokang 0.19 per cent.
According to the latest census estimates, the
Naga population is much less than actual for the population, calculated in 0.18
per cent, will only be not more than 100,000, he said.
In the years past, as villages mainly
inhabited by Nagas are far from towns and for security reasons, census
enumerators could not have access to them, and so their estimates are not
correct and the figures he presented above are nearest estimation.
At the plenary session of the National
Convention held in the Central Meeting Hall in the compound of the President's
Residence on 18 January 1994, National Convention Work Committee Chairman U
Aung Toe said in connection with the designation of self-administered divisions
and self-administered zones, "The State's setting up a commission for
prescribing self-administered divisions and 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."
The delegate said for the progress of a
less-development region, just as the State has to provide it with funds and
technical assistance, active participation of the local people having rights to
manage their own region is necessary for development services to be fully
implemented. And then, national unity will be further strengthened and consolidated.
So, he proposed that five townships in the
Naga hill region, Hkamti District -- Hkamti, Homalin, Leshi, Lahe and Namyun be
organized into a self-administered division or a self-administered zone under
the heading State Structure in the Constitution to be drawn up.
Paper by two Danu national delegates
[Danu self-administered division proposed]
A proposal paper on the chapter heading,
State Structure, compiled by two Danu national delegates group was submitted by
one of them, U Kyaw Zaw.
He said he is a Danu national delegate U Kyaw
Zaw of
He spoke of submitting their paper specially
on the affairs of Danu nationals despite other papers by nationalities
delegates of
After speaking favourably of the seven basic
principles under the State Structure approved at the
He said Danu nationals, Tibeto-Myanmar
descendents, live in regions between
Regions thus expressed now exist as the
townships of Ywangan, Pindaya, Kalaw, Lawksawk, Taunggyi, Nawnghkio, Hsipaw and
Kyaukme in
He said Danu nationals have their own culture
and customs and creeds based on Buddhism. It is learnt that Danus speak ancient
Bamar. Although Danu nationals speak Bamar language in a different manner, they
cannot be defined as Bamar, he said giving an example of Americans, Canadians
and Australians whose national languages are English but who cannot be defined
as English and another example of the peoples of Latin America like Argentines,
Chileans, Peruvians, Colombians, Venezuelans and Cubans who speak the common
language of Spanish but cannot be defined as Spaniards.
He said there are national races who speak
different Bamar dialects such as Danu, Taungyo, Inntha, Zamein, Yaw and Rakhine
nationals and residents of Ramree, Dawei and Myeik, and it is described in
"Myanmar Myochit Ponyeik Myar". He stressed the fact that Danus are a
different race that speak a different Bamar dialect.
If the Danu nationals return home without
presenting the affairs of Danu nationals while the National Convention is
providing the national brethren with opportunities in accord with the noblest
and worthiest of worldly values and with goodwill and wishes, they will not be
deemed dutiful.
Danu nationals in the region would like to
see their return home like the way parents would to their son return home with
good luck and fortunes, he said. He cited an English saying "A little bird
wants a little nest" by which he referred to Danu nationals who have not
had their own Region or State, he said.
Citing eight townships and adjoining villages
where Danu population is more than 220,000, he requested that 57 wards and 769
villages in the townships be organized into village-tracts, townships and
districts and the whole region be designated as a Self-Administered Division.
Included in the region he suggested for
designation as a self-administered divisions are:
In
1.
2.
3.
4.
5.
6. Three village-tracts of Taunglaylon,
Kyaukni and Bannkan in
7. Monglon Region in Kyaukme Township, and
8. Six villages in Kyaungsoegon Village-tract
and four villages in Legaung Village-tract in Thazi Township in Mandalay
Division adjoining Ywangan and Kalaw Townships.
Paper by Pa-O national delegates
[Pa-O self-administered division proposed]
A proposal paper on fundamental principles
concerning designation of self-administered areas compiled by Pa-O national
delegates--U Khun Myint Thein of Pinlaung Township, U Khun Kyaw Thu of Kalaw
Township, U Khun Ko Maung of Hopong Township in southern Shan State and U Khun
Win Naung of Hpa-an Township in Kayin State was submitted by U Khun Kyaw Thu.
He said that Pa-O nationals have lived
together with other national races in amity, weal or woe, in Shan, Kayah, Kayin
and Mon States and Bago Division.
Pa-O nationals took part in unity with other
national races in anti-imperialist and anti-fascist struggles. U Hla Pe,
representing the Pa-O nationals, attended the Panglong Conference held from 3
to 13 February, 1947 and U Hein Ti Tun (Taunggyi), U Htwet Aung (Sa-ngaw), U
Aung Tha, U Hein Maung, U Shwe (Taunggyi) and Saya Min (Taunggyi) led the Pa-O
nationals in struggles for independence, he said.
He said U Tun Yin Law participated in the
struggles as a Pa-O youth leader. Pa-O national U Phyu, on behalf of the
Hsiseng Sawbwa, signed the Panglong Agreement.
For these facts, Pa-O nationals wish to serve
the welfare of State doubling their efforts together with other nationals and
accordingly, they should have self-administration for their regions.
He requested that a self-administered
division be designated for Pa-O nationals, and cited the Pa-O population and
regions inhabited in majority.
The districts and townships mainly populated
by Pa-O nationals are:
Seven townships in Taunggyi District --
(a) Taunggyi,
(b) Hopong.
(c) Hsiseng,
(d) Nyaungshwe,
(e) Kalaw,
(f) Pinlaung, and
(g) Lawksawk and
Eight townships in Loilem District --
(a) Loilem,
(b) Namhsan,
(c) Mohnai,
(d) Maukme,
(e) Langhko,
(f) Mongpan,
(g) Laikha and
(h) Mongkai.
The total population of Pa-O nationals in all
these townships is more than 600,000.
Salient points in the proposal paper he
submitted were the essence of extracts from the speech of the National
Convention Convening Commission Chairman and clarifications of Work Committee
Chairman, a brief history of customs, traditions, literature and culture of
Pa-O nationals, participation of Pa-O nationals in anti-imperialist and
anti-fascist struggles, characteristics to be regarded as norms in designating
the self-administered division, the origin of Pa-Os as Mongoloid stock and the
non-secession of any territory from the Union.
He requested the delegates to the National
Convention, while aiming towards emergence of a new Constitution in conformity
with the six objectives of the National Convention, to strive for the Pa-O
nationals to have a self-administered division, saying that the Pa-O nationals
would accept the decision of the National Convention.
Paper by delegate U Sai Ohn Myint of Loilem
[Panglong to be Union territory]
A proposal paper on the chapter heading State
Structure was submitted by U Sai Ohn Myint of nationalities delegates group, of
Concerning the heading State Structure, he
quoted the clarifications of National Convention Convening Work Committee
Chairman U Aung Toe on 18 January, 1994, as saying "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, too, if
Then, he quoted the clarifications of Work
Committee Chairman U Aung Toe on 11 January, 1993, as saying, "The
population of Shan State is more than 4,250,000 and the national races each of
which has a population of more than 50,000 are --
1. Kayan
2. Kokang
3. Danu
4. Inn
5. Akha
6. Lahu
7. Palaung
8. Wa
9. Pa-O and
10. Lisu, and there are other national races,
the total population of which is 410,000. Together with national races --
1. Kachin
2. Kayin
3. Bamar and
4. Shan from States and Divisions, there are
altogether 14 national races.
"These national races, in collaboration
with Kayah, Mon, Chin and Rakhine nationals, signed the Panglong Agreement for
regaining independence of Myanmar".
For this, if the town, Panglong, is
reorganized as a township as well as a Union territory under the administration
of the President of the Union, national unity will become more shining like the
sun and the moon and it will be in consonant with the six objectives of the
National Convention.
So, he requested the Chairman of the session
to place serious consideration on the matter he submitted.
Paper by three Ta-ang (Palaung) national
delegates
[Ta-ang self-administered division proposed]
A proposal paper on the chapter headings
State, State Structure and Head of State compiled by three Ta-ang (Palaung) national
delegates of nationalities delegates group -- U Nyunt Maung of Namhsan
Township, northern Shan State, U Aung Hsi of Kutkai Township and U Shwe Maung
of Namhkam Township, was submitted by one of them, U Shwe Maung.
Concerning the State Structure, he quoted the
speech of Work Committee Chairman U Aung Toe at the 7 June 1993 plenary session
as saying "Hence, we have now reached the stage in which we should
seriously consider territorial designation of the country with a total of 14
States and Divisions of equal status constituting the major regions; within the
major regions there may perhaps be certain "Self-Administered Areas".
He expressed belief that such clarification
is spotlighting our historical trend not to let it swerve and said all know
that our historical trend is on the progress and for the present, all the finer
conditions have been brought about and outmoded, unfitting characteristics
discarded in the State.
He said there have been rapid changes and
development at present time, especially marked progress has been achieved in
States and hill regions.
Formerly, nationals in hill regions had to
earn their livelihood, full of concern, not sure of their fate day and night
but now, they, free of such miserable conditions, are in a peaceful, pleasant
life in a new world un-hoped for in the past, he noted.
While progress and development are gained, a
new Constitution is about to be drawn up with fresh views and assessment and
accordingly, all national races also would like to express their wishes for having
rights to shape their own destiny in accord with time and system, he said.
He proposed that a self-administered division
be designated for Ta-ang (Palaung) nationals organizing the following townships
into districts as appropriate.
The townships he suggested are:
1. Namhkan
2. Kutkai
3. Namtu
4. Namhsan
5. Kyaukme
6. Hsipaw (West and North sectors)
7. Manton (New town)
8. Mongngaw (New town)
9. Momeik and
10. Ta-ang (Palaung) village-tracts in Mogok.
It is evident historically or geographically
that Ta-ang (Palaung) nationals should have the right to a self-administered
division if viewed in accord with the characteristics of the basic principles
laid down by the National Convention or points in the guiding speech of the
National Convention Convening Commission or clarifications of the National
Convention Convening Work Committee.
He proposed to the National Convention
through the chairman of the session that cooperation be made between the
delegates for the Ta-ang nationals to have the right to a self-administered
division.
Paper by Kayan national delegate U J Hla Moe
of Pehkon
[Expansion of
A proposal on the fundamental principles to
be incorporated into the Constitution to be drawn up was submitted by U J Hla
Moe, a Kayan national delegate of nationalities delegates group, of
He spoke of five regions --
1. Paunglaung region in
2. south-eastern hills in Pyinmana, Mandalay
Division,
3. northern region in Thandaung,
4. west and north-west regions in Kayah and
5. Mobye region or
Formerly Kayan nationals lived together on
the same stretch of land but due to the division of British imperialists, the
nationals have spread to regions in three States and one Division, he said and
as the first point, he proposed for designation of a self-administered zone for
Kayan nationals.
He said these five regions are on the same
stretch of land and expressed concern about the disappearance of the Kayan
national race if it continues to be distributed on the three States and one
Division.
So, he said, it is needed for the Kayans to
have their special self-administered zone despite narrow area and small
population.
He said sizes of population and area will
become smaller in the respective States and Division due to the designation of
a Kayan self-administered zone but he expressed belief that they in full
democratic conscience will be magnanimous to the case.
He likened the demarcation of a new Kayan
self-administered territory to formation of a compartment of a house, saying
all will realize and accept it.
As the second point, he further proposed that
a fundamental principle, that will enable such a designated area to be in the
(a) Of the regions where Kayan nationals
live,
(1) the northern region of Thandaung Township
is contiguous to western part of Pruhso Township in Kayah State,
(2) the south-east hill region of Pyinmana
and central part of Pehkon Township are contiguous to the west and
north-western parts of Dimawhso Township in Kayah State,
(3) Paunglaung region of Pinlaung and
northern Pehkon are contiguous to north-west part of Loikaw in Kayah State and
so, Kayah State is surrounded on the north and north-west by areas of Kayan
nationals.
(b) As stated above, a fair number of Kayans
already dwell in parts of the townships in Kayah State -- Pruhso, Diamwhso and
Loikaw -- which are contiguous to surrounding areas inhabited by Kayah
nationals.
(c) Race, language, culture and customs
between Kayah and Kayan are so identical as not to be easily differentiated.
Dissimilarities exist among other national races.
(d) As Loikaw, as the capital of Kayah State,
is in contiguity to Kayan regions, it plays an important part in communications
for the nationals. Capitals of other States and Divisions are far off and so,
the capital of Kayan nationals, together with Kayah nationals, should be Loikaw
which will provide smooth and regular services.
(e) Pages in history are evident to
endeavours made in cooperation, of one mind, by Kayah and Kayan nationals,
elders, leaders and youths, in political, social and economic fields and every
existing veteran politician has witnessed them.
All the Kayan nationals, he said, will be
much delighted if the kind of a fundamental principle creating conditions for
the so designated region to be in Kayah State, not like the provisions under
Section 182 of the 1947 Constitution, be formulated.
He further proposed that a fundamental
principle that will provide opportunities for services under special projects
for the relatively less-developed Kayan regions be formulated for the following
reasons:
(a) As almost all the regions of Kayan
nationals are hills and mountain ridges, cultivation has not been successful
due to steep land and poor soil.
(b) Agricultural and livestock breeding
techniques could not be applied due to less educated persons and lack of
knowledge of most Kayan families.
(c) Not to speak of motor roads, access from
one village to another is difficult.
(d) Education, health and social standards
are much lower in comparison.
(e) As the regions are covered with mountains
and forests, there are more or less natural resources but they cannot be
extracted because communications are difficult and they are geographically at
far distance from the reach of local administration.
Citing the above reasons, he said special
projects for all-round development of Kayan nationals should be laid down.
He said that concerning the proposal
submitted on behalf of all the Kayan families, he would absolutely accept the
encouragement of other delegates, assistance of the panel of chairmen, guidance
and supervision of the Work Committee and decision of the Commission.
Proposal paper by two Kokang national
delegates
[Kokang self-administered division proposed]
U Chit Swe, Kokang national delegate of
Lashio Township in northern Shan State submitted the proposal paper.
He said:
Fellow delegates of the national brethren
have already discussed comprehensively the chapters "The State and Head of
State" out of "The State, State Structure and Head of State" to
be included in writing the Constitution as clarified by Chairman of the
National Convention Convening Work Committee at the Plenary Session on 18
January 1994. Kokang nationals, therefore, have no objection to them as they
conform to the wishes of the majority, to the democratic practices and to the
six objectives of the National Convention.
In connection with the State Structure, he
elaborated on the movement of the Kokang nationals in the country. He said
Kokang nationals moved to different areas of the country in 1967 because of
different conditions. About 30 per cent of the population made up of poor
people remained in the area as they could not move away. Statistics of the
Immigration and Manpower Department show that the population of Kokang
nationals stands at just over 70,000. This means that one zero is missing
compared with actual number of the population, he said.
He then quoted the 1947 Constitution in which
it was stated that
He said it is evident that Kokang region has
significant boundaries and regional features. With own dialect, culture and
literature, majority Kokang nationals live together. Other nationals in the
minority who live in the region speak Kokang dialect. Besides tangible
historical evidence, he said, Kokang nationals have unforgettable historical
evidence in current historical trend and their remarkable political
performance.
He said that it will be most appropriate to
manage the social, economic and management affairs of the Kokang region by the
Kokang nationals themselves who are well acquainted with the geographical
conditions, traditions, religion and customs of Kokang nationals and the matter
is submitted to the National Convention.
He then sought the opinion of the National
Convention to designate the Special Region 1 (Kokang) in northern Shan State
where Kokang nationals live close together on the same stretches of land as the
self-administered division for Kokang nationals within the framework of the
State Constitution, in accordance with the developing historical trend and with
the support of the delegates of Shan State given at 8 am on 17 February 1994.
Proposal paper of seven Shan national
delegates
[Boundary or name changes to be approved by
inhabitants]
U Sai Ba Nyan, delegate of Hsipaw Township in
northern Shan State, discussed the State Structure Chapter on behalf of Shan
national delegates: U Sein Nyunt of Tangyan Township in Shan State (north), U
Hkun Lu, delegate of Kyaukme Township, U Sai Hkam Hmat of Lashio Township, U
Than of Maukmai Township in Shan State, U Sai Ohn Myint of Loilem Township, U
Saing Kyauk (a) U Hsaing Kyauk Zin and U Sai Non of Kengtung Township in Shan
State (east) and himself.
He said: If there arises the need for changes
in boundaries, organization or name of villages, village-tracts, wards, towns,
townships and districts within a Region, State, Self-administered Division or
Self-administered Zone, the authorities of the Region or State are to seek the
opinion of the people residing within the boundaries of the area concerned
first. Changes should not be made whatsoever unless more than half of the
voters resident in the area for at least 20 years support. The authorities of
the Region or State are to forward the matter to the President of the State if
more than half of the eligible voters give their support for a change in
boundaries. This should be laid down as a basic principle.
In connection with demarcating the
self-administered areas for the national brethren residing close together in a
common stretches of land with appropriate number of population, he discussed
thus:
Geographically, the Union of Myanmar is such
that it is surrounded by some populous nations sharing borders with them. It is
necessary to prevent complications from arising as a result of the inflow and
outflow of the races for various reasons. The Union of Myanmar will last long
only if national races of the Union last long. Concerning the matter to
designate specific areas as self-administered divisions or self-administered
zones for specific national brethren, the State will have to form a commission,
let it first seek, in accordance with the procedures, the opinion of the people
residing in the area concerned and act accordingly that the National Convention
may decide the matter. This will make it evident that sovereign powers of the
State reside in the people. This is the most appropriate method for all parties
involved.
Proposal by Wa national delegate
[Wa self-administered State proposed]
Wa national delegate U Hseng Pao Nat of
Lashio in northern
He said:
At the turn of the Lanzin Party era in
1973-74, social, educational and health activities which started during the
time of the Revolutionary Council era continued in the accessible areas.
Youths of those areas had then taken interest
in education. The attended high schools, the Academy for the Development of
National Groups in Sagaing, agriculture schools, nurses training schools and
other vocational training schools. Those who had attended classes or who had
left school half way served in political field or at departments. Wa nationals
also served with armed services such as the Tatmadaw or the People's Police
Force or in the management. However, Wa nationals who were under the BCP
domination had had to suffer bitter experiences in abject poverty.
In the midst of political changes in
The delegate then quoted speeches made by U
Khauk Nyi Lai (a) Ta Nyi Lai and U Pao Yo Chang (a) Ta Lok Pang.
He quoted U Kyauk Nyi Lai as saying: Wa armed
groups followed the line of armed struggle under the influence of the BCP with
the objectives: (1) flourishing of democratic way of life, (2) for enjoying
equal rights, (3) for regional development, (4) to do away with exploitation,
and (5) to have the right to exercise self-determination. The programme proved
to be unproductive but there had been bloodshed instead among the national
brethren. Twenty years of war benefited none. There were grave consequences.
The right of self-determination and regional development could now be achieved
through cooperation with the State Law and Order Restoration Council
(Tatmadaw).
He then quoted U Pao Yo Chang (a) Ta Lok Pang
as saying: Wa ancestors told their compatriots that Wa and Myanmar nationals
were blood brothers. Up to the present day they have been residing together in
weal or woe. As stated by U Kyauk Nyi Lai, all the Wa nationals are to always
join hands with the State Law and Order Restoration Council and take part in
projects for the development of the region.
The delegate then said: All the Wa nationals
under the leadership of the two leaders returned to the legal fold, joined
hands with the State Law and Order Restoration Council and carried out regional
development. During the four or five years, border development projects
implemented with a sincere goodwill by the State Law and Order Restoration
Council have benefited the people of Wa region. At wards/villages and in
townships, children are learning at schools which were non-existent in the
past. In every township, there are hospitals and dispensaries. A TV
re-transmitting station was opened in Pangsan region for economic, social and
intellectual development of the local people. Moreover, a hydel power
generating plant is being established in Mongmao Township and roads and bridges
are being constructed where necessary. To help the local people implement the
regional projects themselves in a short period, special programmes are being
arranged to enable them to attend courses of education and health. The people
of the region are much pleased to see development in Wa region in a short
period. With the goodwill of the State Law and Order Restoration Council, the
leadership of the Committee for the Development of Border Areas and National
Races and participation of the Wa populace, Wa region will be the same level as
some already developed regions in Myanmar in not too distant a future.
Summing up, Wa national delegate U Hseng Pao
Nat said:
Wa region has appropriate number of
population residing close together on the same stretches of land. There also
exist forces capable of working for regional development. It is therefore
proposed to include in a basic principle under the chapter of the State
Structure in the Constitution, designating the Wa Self-administered State
covering Mongmao, Pangyan, Kengtung, Mongpyin and Mongphyat districts and
townships of these districts namely, Mongmao, Panwaing, Hopang, Pangyan,
Naphan, Manphant, Tangyang, Mongshu, Mongpyin, Mongkhat, Kengtung, Mongyawn,
Mongphyat, Tachilek, Mongton and Monghsat Townships as well as Mongkyat and Mongyao
village-tracts of Lashio Township. If the National Convention delegates
designate Wa region as the Wa Self-administered State in the basic principle
under the State Structure Chapter of the Constitution as proposed by Wa
nationals, it will be in accordance with the aspirations of the Wa nationals.
If the National Convention delegates, after
realistically taking into consideration, decide inappropriate and
impracticable, it is proposed to designate as the Wa Self-administered Division
the five districts and 17 townships therein in the basic principle under the
State Structure of the Constitution.
Paper by Kachin national delegate U Zok Dawng
[Self-administered area for Kachins in Shan
State proposed]
A proposal paper on the chapter heading State
Structure was submitted by a Kachin national delegate of the nationalities
group U Zok Dawng, of Lashio, northern Shan State.
He said it is sure that most national races
will be pleased with the inclusion in the fundamental principles of designation
of self-administered areas for them and nationals of each wish to have rights
to manage their own regions.
No foreigner will have goodwill on our State
and the people without having his own profits and so, it constitutes a noble
fundamental principle, he noted.
Concerning the designation of
self-administered areas prescribed as a fundamental principle in para 5 under
the heading State Structure, he said, despite the fact that Kachin nationals
have already had Kachin State, the Kachin nationals who have resided in Shan State
for generations were in a state of being delighted or sorry.
He said there are historical facts that
Kachin nationals in Shan State have continually served for the welfare of the
State, Shan State and the people. If a self-administered area be designated for
them, national unity will become more consolidated and the region will gain
more development and the Kachin nationals concerned will be much delighted and
obliged to the National Convention Convening Commission, Work Committee and the
delegates. For that, he seriously proposed the matter.
He said Kachin Sub-state, that formerly
emerged as the region under the administration of Kachin elders in northern
Shan State, had significantly participated in the Union affairs and there is a
tradition that Kachin nationals have managed their affairs in accord with their
own customs and traditions.
So, he said, if the Kachin region in northern
Shan State be designated as a self-administered area under Shan State, there
will not only be improvement in regional security, economic development and
national unity, entries of foreigners, as it is a border area, will also be
effectively deterred.
He said should the Kachin region in
Paper by two Akhar national delegates
[Akhar self-administered zone proposed]
U Peter Thaung Sein, Akhar national delegate
of
He said:
Nationalities delegates of
This proposal paper is submitted to the
National Convention as nationalities delegates of
According to the 1992 census, Akhar nationals
numbered more than 100,000 scattered in the ten townships of eastern Shan State
of the Union of Myanmar--Kengtung, Mongkhat, Mongyang, Nongphyat, Mongyawng,
Tachilek, Monghsat, Mongton, Mongpyin and Metman townships. Any Akhar national
hardly resides in the remaining regions and states. Out of those scattering in
the ten townships, they rarely reside in the urban areas. The mostly live in
the village-tracts instead. Appropriate numbers of Akhar nationals live in each
township but they are not found to be residing close together on the same
stretches of land. Hence, there is no favourable conditions to designate the
Akhar Administered Zone based on the above-mentioned ten townships.
However, there is an area with special
characteristics in the east of
It is therefore proposed to designate
villages and village-tracts in the No 4 Special Region centred on Mongma and
Mongla region in the east of Kengtung Township as the Akhar Administered Zone.
Paper by two Inntha national delegates
[Inntha self-administered area proposed]
U Ba Than, Inntha national delegate of
Taunggyi Township in Shan State submitted a proposal paper compiled by U San
Tun Maung of Innlay region in Nyaungshwe Township, southern Shan State, and
himself.
He said:
Principles to serve as basis in drafting the
Constitution have already been laid down that self-administered divisions and
self-administered zones are to be prescribed based on population of the
national races concerned and on the same stretches of land.
Inntha nationals reside mainly in Nyaungshwe
and Taunggyi Townships in southern
There is historical evidence that Inntha
nationals have been residing unitedly in the Innlay region of the Union of Myanmar
together withy other national brethren of the
Inntha nationals, as all are aware, are
people of special characteristics who build houses and take up farming in
water. He then requests the National Convention, through the Esteemed Chairman,
to lay down the principle that the
Paper compiled by Khumi national delegate U
Htat Lai and submitted by U Kyaw Sein
[Paletwa Hills self-administered division
proposed]
A proposal paper on chapters the State, State
Structure and Head of State, compiled by Thiripyanchi U Htat Lai (Ngaing-Ngant
Gonyi Medal Grade I), a Khumi national delegate of the nationalities delegates
group, of
He expressed support of clarifications by
Work Committee Chairman Chief Justice U Aung Toe at the National Convention
session on
He also expressed belief that guideline as to
demarcation of the self-administered division or self-administered zone, as
mentioned in para 6 of the heading State Structure, is necessary in
consideration of geographical conditions of the State, formation of national
races and culture, customs and traditions of each.
He suggested in granting self-administration,
self-administered divisions or self-administered zone so designated should be
under the supervision and guidance of the Ministry for Self-Administered Areas
formed accordingly in central level.
He said
He suggested that
The area of
He said these national races, the population
of which more than 10,000, have lived together in the region and so, proposed
that Paletwa area be redesignated as Paletwa Hills Self-Administered Division
in the Constitution to be drawn up.
Proposal paper of four Kachin national
delegates
[Shan and Lisu self-administered areas
proposed for
On behalf of four delegates of Mohnyin,
Mogaung and
Majority of national races residing in the
plains of Myitkyina District and Bhamo District are Tainglon, Tainglian,
Tainglei and Taing Hkamti. They are of Shan origin in the plains of
Those nationals of Shan origin in the plains
are residing close together in Mohnyin, Mogaung, Kamaing, Bhamo, Shwegu and
It is therefore proposed that Mohnyin,
Mogaung, Kamaing, Bhamo, Shwegu and
Putao area of
It will be flawless, precise and firm if the
State forms a commission to work for the National Convention while it is in
session so that it can decide the self-administered divisions or
self-administered zones as asked in accordance with the basic principles laid down
by the National Convention. The proposal of
Then only will a modern, firm and developed
nation be organized and established systematically. The basic needs of the
people will then be attended to the highest degree.
(NLM 3/24)
Papers of Peasants, Workers, Intelligentsia and Intellectuals, and State
Service Personnel Delegates
Mar. 24 [full text, transcribed as printed]:
The following is a translation of salient
points from proposal papers on fundamental principles to form as base in the
chapters the State, the State Structure and Head of State submitted by
delegates groups to the plenary session of the National Convention today.
Peasants delegates group
[U Shwe Hla]
[Presidentially administered areas]
U Shwe Hla of An Township,
I am U Shwe Hla of An Township,
When there arises a state of emergency in a
certain part of the State or the entire State or in the Capital of the State
the power to be exercised by the President of the State will become more
important. As the President is bestowed with the highest executive power, the
President shall give a close supervision to all Ministries opened in Yangon
City, all highest administrative departments and offices and all organizations
and department connected with national defence and security affairs.
Therefore, it is to be proposed that a
fundamental principle should be laid down so that
As stated above, it is to be proposed that a
fundamental principle should also be laid down for Cocogyun Township, which
also has a significant situation to be designated as the Union territory and
placed under the direct administration of the President and also other regions
which have significant aspects of national defence and security, administration
and economy by promulgating laws if necessary and placed under the direct
administration of the President.
Summary of the above-mentioned proposals
are:--
(1)
(2) regions such as
(3) regions which have significant aspects of
national defence and security, administration and economy should be designated
as Union territories by promulgating laws if necessary and should be placed
under the direct administration of the President.
U Kyaw Aye of Kawkareik
[Electoral college]
U Kyaw Aye of Kawkareik Township, Kayin
State, submitted the second part of the paper on the chapters "The State,
State Structure and Head of State". He said:
I am U Kyaw Aye of Kawkareik Township, Kayin
State, a delegate of the peasants delegates group. I will present the second
part of the paper.
The main quality of the President of the
State is to be ever faithful to serve the interests of the State and the
people. It is necessary for a person to be a citizen to become a State leader.
Moreover, only a person of pure race can be a patriot, only patriotic persons
can be loyal and only when a person is loyal will he serve the interests of the
State and the people. As it is necessary for the President to be a citizen born
of parents both of whom are also citizens and loyal to the State, so also he
must be of matured age at which he can differentiate things and make decisions.
I will now submit matters in connection with
the Presidential Electoral College and the part for electing the President.
As the Head of State of a country becomes a
main power of a State, it is necessary to elect him systematically. By
prescribing the qualifications of a State leader the faith and trust in him by
the people will be enhanced. As much as the electoral college eligible to elect
the State leader to do so as precisely as possible a good leader for the people
will emerge. Hence, the electing of the President of State by the Presidential
Electoral College will be more natural and appropriate. All Hluttaw
representatives of the Union Hluttaw should be prescribed as members of the
Presidential Electoral College and to form three electoral groups.
Group 1 should be formed with elected Hluttaw
representatives in the Hluttaws regions with equal numbers of elected Hluttaw
representatives from regions and states,
Group 2 should be formed with elected Hluttaw
representatives in the Hluttaws elected on the basis of population,
Group 3 should be formed with the Hluttaw
representatives who are Tatmadawmen nominated as such by the Commander-in-Chief
of the Defence Services for the said two Hluttaws.
Our peasants delegates group of the National
Convention has presented in detail the fundamental principles to form the base
in the chapter the State, State Structure and Head of State. In submitting
thus, we have based our deliberations on the 104 fundamental principles which
have been thoroughly discussed and also on the clarifications made at the
Plenary session held on 18 January 1994 by the Chairman of the National
Convention Convening Commission and the Chairman of the National Convention
Convening Work Committee. The presentation has been made in the interests of
the State and all its citizens. In conclusion it is to be mentioned that our
National Convention peasants delegates group, in accordance with democratic
practises will seriously study, note down and follow the wishes and aspirations
of the majority.
Workers delegates group
Three delegates of the workers group
submitted proposal papers on the chapters the State, State Structure and Head
of State to the National Convention.
U Kyaw Win Tun
[National territory]
U Kyaw Win Tun, delegate of the Kyaukpadaung
Township, Mandalay Division, submitted the paper. He said:
Based on the experiences of our nation after
regaining of the Independence, in future there should be political stability
coupled with qualified and able leadership. Hence, a dignitary of high ability
and rich experience winning the trust and confidence of the entire nation is to
lead as the President and manage the affairs of the State.
Regarding the territory of the State, he
discussed as follows:
As a sovereign and independent nation, the
Union of Myanmar has the land, sea and air space as the territory of the State.
Our nation has existed with its specific territory for thousands of years. In
it's history, there had been three periods in which its territory was larger
than the present under able leadership as all the citizens well defended their
territory. It is also evident that attainment as a powerful nation was due not
only to the high ability and courage of the leaders but also to the love for
the country and vitalized patriotism of all the national races. To be able to
safeguard own territories, the territory of the State should be delineated
clearly and precisely. Then only, will there be good relations with
neighbouring countries.
Today, the State Law and Order Restoration
Council is leading the nation and defending it to ensure that no territory is
lost. It is doing so risking many lives and much blood. Moreover, it maintains
friendly relations with neighbouring nations and works with them to delineate
the boundaries of the State precisely and correctly. Hence, for lasting
existence of the territory of the State, it should be laid down under the
chapter "the State" as follows:
4. The territory of the State shall be as it
is on the day the State Constitution comes into effect.
U Kyi Myint
[Self-administered areas]
U Kyi Myint, workers delegate of Thayarwady
Township in Bago Division discussed points covered by the State Structure
chapter. He said:
It is important that the nation can carry on
the fine political, economic and social traditions and historic values to be
able to stand tall among the family of nations. If the nation is to ensure its
perpetuation and preserve its sovereignty, the State Structure should be firm
and consolidated, be in accordance with the wishes of all the national races,
and be able to bring about amity and prosperity of the nation.
The delegate expressed the belief of the
workers delegates group that if the National Convention could contribute
towards designating the self-administered divisions and self-administered zones
the respective nationalities would get realistic, precise and correct
territorial zones thereby managing the affairs of the nationalities most
fairly.
U Aung San
[Electoral college]
U Aung San, workers delegate of Pakokku Township
in Magway Division, discussed points on the Head of State chapter. He said:
The presidential electoral college should not
be elected separately for the election of the President who has to carry out
heavy responsibilities as the national leader, Head of State and Chief of the
Executive. Instead, all representatives of the Pyidaungsu Hluttaw should be
designated as members of the presidential electoral college and organized into
three groups-- one group should be formed with elected Hluttaw representatives
in the Hluttaw with equal numbers of representatives elected from regions and
states, the second group should be formed with elected Hluttaw representatives
in the Hluttaw elected on the basis of population, and the third group should
be formed with the Tatmadaw member Hluttaw representatives nominated as such by
the Commander-in-Chief of the Defence Services for the said two Hluttaws.
Since not only the representatives of
national races but also the Pyidaungsu Hluttaw made up of representatives of all
strata are to elect the President with special characteristics capable of
serving the interests of the nation most effectively, delegates of the workers
delegate group submit the proposal for the emergence of the ablest and most
competent leader of the State.
U Sum Lut Naw of Myitkyina, Kachin State
[Convention should not prescribe
self-administered areas; there should be only one Vice-President, and no
separate Tatmadaw electoral college body]
U Sum Lut Naw of Myitkyina Township, Kachin
State submitted the proposal paper on the basic principles to be included in
the chapters the State, State Structure and Head of State to the plenary
session of the National Convention.
I am U Sum Lut Naw, workers delegate to the
National Convention from Myitkyina Township, Kachin State.
Chairman of the National Convention Work
Committee U Aung Toe in clarifying matters on 18 January 1994 and I quote
"..in Regions or States, in addition to national races who have got their
own Regions or State, there are other national races as well. So the delegates
are 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 prescribe in which regions or states for the national races,
who conform to the basic principles already laid down, from among the national
races other than those who already have regions or states."
I suggest this is not appropriate. The reason
is that according to the basic principle laid down unanimously by the
Convention delegates, it is prescribed that in regions or states,
self-administered areas are to be prescribed for national races on the same
common areas of land in appropriate sizes of population. In prescribing thus,
it is to be based on size of population and the size of the areas of land and
to give them self-administered division or self-administered zones as
appropriate.
In the basic principle on self-administered
zones laid down unanimously by the National Convention delegates, it includes two
important points for prescribing the self-administered divisions or zones. They
are--first, the requirement for an appropriate size of population and second
the requirement for national races to reside together in communities on the
same common area.
Regarding the appropriate sizes of
population, the Convention delegates have no idea on what size is appropriate
size of the population and decisions cannot be laid down also. Moreover, the
National Convention delegates also do not know which national races have asked
for which particular self-administered divisions or zones, and also do now know
which national races out of 135 national races want self-administered division
or zones.
No Convention delegates know the matter
regarding the requirement of residing together in communities on the same
common stretches of land nor its geographical situation and the size of land.
It is believed therefore, we should know the two points first before
prescribing self-administered divisions or zones. Hence, according to the
principle laid down by the Convention delegates, it is more appropriate for the
State to form a commission to take necessary steps.
In reality, it is important and we need
urgent attention to include in the basic principle the designation of different
self-administered division or self-administered zones to different national
races. It is to be urged that the State should quickly form the Commission for
designating self-administered regions in accordance with the basic principles
laid down by the National Convention. This Commission is to study and make
reports with remarks to the National Convention. By doing so, the Convention
will be able to designate correct and precise self-administered divisions and
zones in uniformity. The national races concerned will also become very happy
about it.
These 104 fundamental principles have been
accepted and unanimously approved by the National Convention. The mass rallies
of the Union Solidarity and Development Association held throughout Myanmar
Naing-Ngan have warmly hailed and supported these 104 fundamental principles.
They are now well-known not only in the country but the world over. At present
it is necessary to maintain them and the Convention is also responsible to do
so. Hence, these 104 basic principles should be prescribed as the fundamental
principles for formulating the State Constitution which is being drawn up by
the National Convention.
Even in major countries of the world there is
only one President and one Vice-President each. Union of Myanmar is not so big
a country as its population is not very big and the area is not very large.
Therefore, there should not be two Vice-Presidents but only one President and
one Vice-President and there should be only two electoral colleges for electing
the President of the State. Instead of keeping a presidential electoral college
to be formed with Tatmadawmen Hluttaw members nominated by the
Commander-in-Chief of the Defence Services for the two Hluttaws, two
Vice-Presidents should be elected by the two presidential electoral colleges to
be formed, one each in the two Hluttaws. Tatmadaw Hluttaw representatives
nominated by the Commander-in-Chief of the Defence Services are already
included in the two Hluttaws.
Intelligentsia and intellectuals delegates
group
A proposal paper on the chapters "The
State, "State Structure" and "Head of State" compiled by
intelligentsia and intellectuals delegates group was submitted by artist U Min
Naing and composer U Myint Ngwe.
[U Min Naing]
[Nationalities; self-administered areas]
Artist U Min Naing submitted the first part
of the proposal paper.
Extending his best wishes to the delegates to
enjoy New Year Thingyan Festival with their families, he said:
According to politicians, the four basic
principles laid down by the National Convention in connection with the chapter
the State are regarded as the four indispensable factors for the State. As all
know, Sovereignty, Government, Territory and Population are the major
prerequisites for the State.
Nationalities have been residing in Myanmar
for years. All nationals took part in anti-colonialist battles and national
liberation struggles unitedly. This is our history as well as our nationals'.
That is why I propose one more fundamental
principle to be incorporated into the chapter the State to reflect the
background history of national consolidation.
He then proposed five fundamental principles
to be included in the chapter the State:
(1) Myanmar is sovereign independent nation,
(2) The nation is home to national brethren
who live in friendship and in weal or woe. The name Myanmar represents all
Union nationals such as Kachin, Kayah, Kayin, Chin, Mon, Bamar, Rakhine, Shan,
(3) The nation shall be called the Republic
of the Union of Myanmar,
(4) The national sovereignty shall reside in
the people and in the entire State,
(5) The territory of the State shall be that
which exists on the day the Constitution comes into effect.
Regarding the chapter the State Structure, he
said:
In designating self-administered divisions or
self-administered zone, it is essential to be free from excessive racism and
regionalism, and efforts must be directed towards emergence of a consolidated
nation, keeping the balance between the benefit of the entire nation and that
of each of the national races and regions. We have to be cautious not to be
deviated from the objective for perpetuation of sovereignty.
In the current international affairs,
disputes and crises have worsened owing to different views in racial affairs
and external interferences, resulting in bloodsheds and undesirable
circumstances in economic and social fields.
He said unity among all Union nationals will
forge ahead toward emergence of a new State and it is time to strive untiringly
and zealously for national progress and for the benefit of national races and
respective regions joining hands among nationalities with Union spirit.
In accord with the basic principles laid down
by the National Convention, there will be nationals who have got regions or
states as well as self-administered areas. And there will also be nationals who
have not got self-administered areas.
Whether a national race has got
self-administered area or not, they shall enjoy rights to develop their own
language, literature, culture and customs in accord with the law. Oppression
and hindering the rights of a race by another shall be prohibited. Equal social
status and unity must be developed.
Regions and states, self-administered
divisions and self-administered zones, districts, townships, wards and villages
are alike apartments of a home accommodated respectively.
Self-administered divisions and
self-administered zones are organized into respective regions and states. In
administration and management, the course of communication should be balanced
and smooth. It is essential to have mutual respect between higher and lower
levels of administrative organs.
He proposed self-administered divisions and
self-administered zones be designated and confirmed at the National Convention
through coordinations of National Convention Work Committee and members of the
Panel of Chairmen based upon the true situation of the State, developing and
changing situation of national races and proposals of the National Convention
delegates groups.
He suggested the following basic principles
for designating self-administered divisions and self-administered zones:
(1) to designate the areas of nationals which
have the following characteristics as self-administered areas:
(a) national race which has not got a region
or state,
(b) having appropriate size of population,
(c) residing close together on the same
stretches of land for a number of years,
(d) the national races concerned are desirous
and are in the state to administer their area.
(2) to consider the situation of the entire
nation, respective regions and states, and neighbouring countries that share
common border,
(3) to consider matters relating to border
areas and national races development project undertaken by the government,
(4) for national unity, not to designate the
capital of a region or state as self-administered division or zone as it is the
capital of the whole region or state,
(5) not to be named after the national race
in connection with the names and designation of the self-administered division
or self-administered zone,
(6) to organize appropriate districts and
townships into self-administered division and to organize these
self-administered divisions into region or state,
(7) to organize appropriate townships into
self-administered zone and to organize these self-administered zones into
region or state.
U Myint Ngwe
[Presidentially administered areas; electoral
college]
U Myint Ngwe, delegate of intelligentsia and
intellectuals delegates group discussed designating Union territory under the
State Structure chapter. He said:
On the matter of whether to place Yangon, the
State Capital, under direct administration of the President of the State
without placing it under control of Yangon Region, it should be taken into
account that Yangon City is the capital of the State and it is the seat of
central organizations as well as the present conditions in which the Yangon
City Development Committee has been formed as a separate high committee under
direct supervision of the Chairman of the State Law and Order Restoration
Council and the YCDC's undertaking of development activities. The Capital of
the State should be the one for which the nation can be proud of and there
should not be constraints over the management of development and security
affairs of the capital. Similarly, other towns of significance in the State
should also be taken into account as necessary.
Regarding certain areas like Cocogyun and
others where population is sparse and communications difficult, they should be designated
as Union territories for their development in the long run.
It should be accepted that designating the
Union territory and placing under the direct administration of the President
does not necessarily mean to impose the central government's constraints on it
but in the interest of the nation and the area itself.
Hence, certain cities and areas may be
designated as Union territories in the long run and some may be designated as
Union territories temporarily depending on the special conditions in connection
with the nation's defence, security, administrative, economic and cultural
affairs.
Taking all these into consideration, the
intelligentsia and intellectuals delegates group supports for designating Union
territories and placing them under direct administration of the President of
the State as necessary. The fundamental principles should be laid down as
follows:
(1) Yangon City being the Capital of the
State it shall be designated as Union territory,
(2) Arrangements be made for designating
parts of the State's territories with special conditions in connection with the
nation's defence, security, administrative, economic and cultural affairs as
Union territories as necessary.
In connection with election of the President
and Vice-Presidents, the intelligentsia and intellectuals delegates group
proposed as follows:
(1) All the Hluttaw representatives in the
Pyidaungsu Hluttaw are members of the electoral college;
(2) Those representatives [form?]
presidential electoral college groups as follows:
(a) the group formed with elected Hluttaw
representatives in the Hluttaw with equal numbers of representatives elected
from regions and states;
(b) the group formed with elected Hluttaw
representatives in the Hluttaw elected on the basis of population;
(c) the group formed with the Tatmadaw member
Hluttaw representatives nominated as such by the Commander-in-Chief of the
Defence Services for the said two Hluttaws.
(3) Those three groups are to elect a
qualified citizen as the Vice-President from among the groups of Hluttaw
representatives first or from among non-Hluttaw representatives by ballots;
(4) A committee made up of the Head and
Deputy Heads of the Pyidaungsu Hluttaw shall be responsible for scrutinizing
the Vice-President candidates of the groups whether they meet the prescribed
qualifications;
(5) The three Vice-Presidents elected
groupwise shall be presidential candidates;
(6) All the representatives of the Pyidaungsu
Hluttaw who are members of the electoral college shall elect the President by
vote. The candidate who wins the largest number of votes becomes the President.
(7) There shall be in the State one President
and two Vice-Presidents.
After electing the President and
Vice-Presidents, a principle should be laid down stating that the
Vice-Presidents shall be responsible to the President to assist him to be able
to carry out the administrative duties of the State most effectively.
To be free from complications in electing the
President, a relevant law should be promulgated based on the above-mentioned
principles.
It should also be provided in the proposed
law that the presidential election shall be held in the last month of the third
quarter of the fiscal year. This is proposed so because the President being the
Head of the Executive shall be responsible for submitting the economic plans
and budget statements and the President elected three months before the end of
the fiscal year will get sufficient time to make proper arrangements for the
forthcoming fiscal year.
State service personnel delegates group
A proposal paper on fundamental principles to
be incorporated into the chapters State, State Structure and Head of State was
submitted by four delegates of the State service personnel delegates group.
U Maung Maung
[Sovereignty]
Proposals on the heading "the
State" were submitted by delegate U Maung Maung.
First, he wished all the personalities
involved in endeavours for the success of the National Convention good health
and happiness.
Concerning the chapter the State, he said the
statement "Myanmar Naing-Ngan is a sovereign nation" is a benefit for
generations to come to be aware of the fact that Myanmar has the equality of
status to have relations with other nations and holds equal dignity and honour
in international circle. Whichever government, elected by Myanmar nationals to
manage the State affairs, is to safeguard national sovereignty and to be on
guard against any interference in internal affairs, direct by external forces
or infiltrating through their internal axe-handles or by enticement or
intimidation.
He said the statement "Myanmar
Naing-Ngan is an independent nation" not only reminds all of purity and
nobility of independence and bitterness and debasement of servitude and but
also of bitter, unfavourable and miserable events under the servitude, a
condition brought about by the imperialists after occupying Myanmar with the
three-M (mission, merchant and military) tactic and thus causing the nation to
lose independence.
Ignorance may lead to the loss of
independence in no time, he said. It is unforgettable fact that independence
was regained after more than a hundred years but with the sacrificing of lives,
blood and sweat. As man is born into a nation, its independence is the
individual's fate in life. It can be assumed that the provision forms a
reminder to all that there is absolute difference between one born as a master
in an independent nation and that born as a servant in a nation with sovereignty
lost. It also indicates the fact that all the citizens, from generation to
generation, are to take the responsibility of protecting the nation to be
perpetually independent.
So, he proposed that the statement combining
the two points "Myanmar is a sovereign, independent nation" be
designated as a fundamental principle to form basis in the chapter "the
State".
U Yan Naing Aung
[Presidentially administered areas,
self-administered areas]
U Yan Naing Aung of the service personnel
delegates group continued to submit proposals on the heading "State
Structure".
After proposing that Cocogyunn Township be
designated as a Union territory under the direct administration of President,
he said there may be other important areas like Cocogyunn which are significant
in security, defence, administration and the economy. In view of the fact, it
is assumed that it is necessary to lay down a basic principle to designate such
areas to be under direct administration under the President.
He proposed that a basic principle be laid
down to designate areas of special situation in connection with defence,
security, administration and economy of the whole Union as Union territories
under direct administration of the President, enacting laws if necessary in
future.
In discussing a point which he said should be
given notice regarding the national races that have got Region or State, he
said that all nationals accept that, our nation being home to various national
races, non-disintegration of national unity is an objective of the National
Convention. It is assumed not proper for a national race, that has got its own
State or Region, to ask for a self-administered division or a self-administered
zone in another State or Region, he opined.
So, a basic principle should be laid down to
designate that the right to a self-administered division or a self-administered
zone shall be granted to a national race that has not got its own Region or
State and it shall be entitled to only one right.
He said a basic principle has been laid down
that "In regions or states, self-administered areas are to be prescribed
for national races who reside together in communities on the same common
stretch of land in appropriate sizes of population, other than national races
who have already got regions or states".
He continued to discuss which areas are to be
designated as self-administered divisions or self-administered zones in which
Region or State and how the two kinds of area be designated in differentiation.
Concerning self-administered areas, he said
districts and townships in designated self-administered divisions will have the
share of legislative, executive and judicial powers as prescribed in the
Constitution. The self-administered division, though not as high in status as
Region or State, will be higher than divisions in the Region or State
concerned. So, a self-administered division should be organized with at least
two districts each of which should be formed with at least two townships.
The self-administered zone, although not
higher in status than division, is not lower in status than district and so it
should be organized with at least two or three townships. It is to be
considered in accordance with the wishes of the nationals concerned which areas
are to be designated as self-administered divisions or self-administered zones
in which Region or State.
The service personnel delegates group
proposed that self-administered divisions and self-administered zones be
designated in accord with characteristics as suggested above and the basic
principle already laid down.
He said a certain national race having an
appropriate size of population settling in two adjoining townships but in a
slight gap of proximity should be taken into consideration for it not to lose
its suitable rights.
It is also needed not to include the capitals
of the Regions and States in organizing self-administered zones and
self-administered divisions, he said.
A basic principle has been laid down at the
National Convention Plenary Session on 16 September 1993 that "If it is
desired to change the name of a region or a state, it shall be done so with
enactment of law after ascertaining the wishes of citizens residing in the
region or state concerned".
Concerning it, he suggested that the term
'citizen' should be supplemented as 'citizen eligible to vote'. In every
nation, if a condition regarding national affairs arises to ascertain the
wishes of citizens, decision is reached by vote of citizens with qualifications
as to the right to vote as prescribed in rules and procedures of the nation
concerned. Depending on conditions of the nation concerned, the fact is
provided as a means of prevention against interference of unrelated persons and
deterrent or destructive elements.
Dr. Kyaw Win
[Qualifications for Presidency]
Delegate Dr. Kyaw Win of the service
personnel delegates group continued to submit proposals on the chapter Head of
State.
Concerning the qualifications of a person to
stand election to the office of the President of the Union, the delegate group
proposed in addition to the basic principle:
"The President of the Union shall be a
person who is loyal to the State and the citizenry", that "The person
himself, parents, spouse, children and their spouses shall not owe allegiance
to a foreign power or be subjects of a foreign power or citizens of a foreign
country and must not be persons entitled to the rights and privileges of a
subject of a foreign country or a citizen of a foreign country".
As a person to stand election to the office
of the President of Union is needed to realize objective situations changing
with time, it is necessary for the person's parents to be citizens belonging to
the nationality of Myanmar born in the territory of the Union and for the
person to have constant knowledge of every affair of the State. Only then, the
person will be able to provide effective leadership to the State with correct
thinking and foresight over a change of events in the past, present and future.
So, he said, a basic principle concerning the citizenship of a person to stand
election to the office of the President should be laid down that a person to
stand for election to the office of the President of the Union and parents
shall be citizens belonging to the nationality of Myanmar born in the territory
of the Union.
He further proposed that persons born of
parents who are citizens belonging to the nationality of Myanmar and are in a
foreign country on assignment by the State be regarded as those born in the
territory of the Union.
He also proposed to designate that a person
to be elected to the office of the President must have resided in the country
for at least 20 years continuously up to the time of the election.
Lt-Col. Tin Kha
[Presidency]
Lt-Col. Tin Kha of the service personnel
delegates group continued to submit basic principles collectively on the
chapters State, State Structure and Head of State.
Points concerning the basic principles
submitted exclusively by the service personnel delegates group are:
First, concerning the basic principle No. 7
(of the paper) on the citizenship of a person standing for election to the
office of the President of the Union, the term "citizen of a foreign
power" is to be substituted with "citizen of a foreign country".
Second, should a person serve as Acting
President for some reason, the period is not to be deemed as a term of
President for the respective person.
Third, concerning the basic principle No. 24
(of the paper), it is to be designated as a basic principle that if a person
elected President or Vice-President happens to be a member of a social or
religious association, the person shall not participate in activities of the
association, from the date of such election, during the term of office.
Fourth, disqualification of President or
Vice-President is to be in accord with provisions in the Constitution to be
drawn up.
He said the delegates group had compiled the
paper putting in the fore the aim for the Union of Myanmar to be able to stand
tall in the world and be a modern, developed and strong nation and the main and
foremost aim of the National Convention "to serve as best the interest of
the State and the people". The group will continue to put in the fore the
objectives and aims of the National Convention in future.
(NLM 3/25)
Papers
of "Other Invited Delegates" (including "Special regions")
Mar. 25 [full text, transcribed as printed]:
The following is a translation of salient points from proposal papers on
fundamental principles to form as base in the chapters the State, State
Structure and Head of State submitted by the other invited delegates groups to
the plenary session of the National Convention today:
Other invited delegates group
A proposal paper on basic principles to be
incorporated into the chapters the State, State Structure and the Head of State
was compiled by other invited delegates group. The first part was submitted by
delegate U Saw Hla Tun of Chaung-U Township, Sagaing Division.
U Saw Hla Tun
[Regions and States]
He said the delegates group had thoroughly
discussed 31 papers altogether ten times for obtaining basic principles.
A point the delegates group wished to submit
specially was about the nine groups of delegates from special regions who have
made peace with the State and are engaged in services for regional development
in great momentum, he said, speaking of them as "regal flowers on blue
mountains". He said some proposals put forward by the nine peace groups
regarding the designation of self-administered areas under the chapter State
Structure of the three -- the State, State Structure and the Head of State have
some more significant aspects than the basic principles already formulated by
the National Convention.
He said the delegates group wants to fulfil
the wishes of the delegates of the peace groups and also places emphasis on the
words of National Convention Convening Work Committee Chairman U Aung Toe
"to bring pleasure and delight to the national races concerned and to
further consolidate national unity".
The panel of chairmen had arranged under Para
32 of the National Convention Procedures for the papers of delegates of nine
special regions and two delegates to be able to submit to the Plenary Session
separately.
He said he would discuss basic principles
suitable to be framed in the chapters the State, State Structure and the Head
of State.
Concerning State Structure, he submitted the
following basic principles:
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. (a) The names of those seven regions and
seven states are retained as they are at present.
(b) The State is constituted with the
following seven regions and seven states:
-- 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
(c) The regions and states are of equal
status and authority.
4. If it is desired to change the name of a
region or a state, it shall be done so with enactment of law after ascertaining
the wishes of citizens residing in the region or state concerned.
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 self-administered divisions or
self-administered zones as suitable
In regions or states, self-administered
divisions or self-administered zones are to be prescribed for national races
having characteristics in accord with the basic principles laid down, other
than national races who have already got regions or states.
7. No part of the territory of the State,
namely regions, states and self-administered areas etc. shall ever secede from
the State.
Dr. Han Saw
[Electoral college]
Dr. Han Saw of the other invited delegates
group continued to submit basic principles to be framed in the chapter the Head
of State.
He put forward in proposal No. 14, 15 and 16
regarding the chapter Head of State in the paper as follows:
14. (a) All representatives in the Pyidaungsu
Hluttaw should be designated as members of the electoral college and organized
into three groups.
(b) 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 elected on the basis of population; and 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.
15. (a) Vice-Presidents should be elected to
assist the President of the Union that is the head of executive of the Union.
(b) Each of the three groups of the electoral
college is to elect a Vice-President from among Hluttaw representatives or from
among persons who are not Hluttaw representatives.
(c) Vice-Presidents are candidates for the
Presidency as well.
(d) 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.
(e) All members of the electoral college, in
other words, all Pyidaungsu Hluttaw representatives are to elect by vote any
Vice-President of choice as the President of the Union.
(f) The Vice-President who obtains the
highest number of votes is to be elected as the President of the Union.
(g) If the three Vice-Presidents obtain equal
numbers of vote, the leader of the Pyidaungsu Hluttaw is to elect the President
from among the three by decision of vote.
16. Laws regarding the election of the
President of the Union are to be enacted.
The delegate expressed belief that the 57
basic principles put forward by the delegates group will be of benefit to the
Constitution to be drawn up and contribute to progress and development of the
future State.
Kachin State Special Region 1
A proposal paper on basic principles to be
incorporated into the three chapters, compiled by Kachin State Special Region
1, was submitted by delegate U Mangkyi Zawng Khawng of the other invited
delegates group.
U Mangkyi Zawng Khawng
[Qualifications for President; Limited
Electoral College of 47--14 from upper house, 26 from lower house, 7 from
Tatmadaw members]
He said proposals of the group, based on the
speech of National Convention Convening Commission Chairman Lt-Gen. Myo Nyunt
and National Convention Convening Committee Chairman Chief Justice U Aung Toe
at the Plenary Session on 18 January 1994, had been compiled in accordance with
the six objectives of the National Convention.
He spoke of the group's agreement to most of
the facts clarified by the Work Committee Chairman as they have been assessed
after studies of various international constitutions and are reasonable and
proper.
So, he said, he would like to submit some
changes made on the clarified facts and some new facts.
He proposed 14 basic principles concerning
the chapter State Structure.
Of them, No. 5 proposed was:
(5) The present special regions of peace
groups in Myanmar shall be designated as Union territories.
His explanation on the proposal was:
Peace groups are positive forces of the Union
striving at great momentum for perpetual peace, security and unity in their
regions and carrying out regional development in cooperation with the State.
Endeavours of peace groups in special regions not only benefit the regions on
border but also bring about priceless benefits to the entire Union. So, from
the positive symbol should be changed to multiplication symbol.
The group's No. 9 proposal was:
(9) No part of the territory of the State,
namely regions, states and self-administered areas etc. shall ever secede from
the State.
It was stated in Para (b) and (c) of No. 14
proposal:
(b) The group agrees to the basic principle
"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.
(c) Moreover, the point he would like to
specially and seriously propose is "to designate special regions of
present peace groups striving at their best in cooperation with the State
development services of the Union for the progress of border areas and national
races as Union territories under direct administration of the President.
Regarding the chapter Head of State, he
proposed six basic principles. Of them, he suggested qualifications of a person
to stand for election to the office of the President in nine paragraphs in No.
2 proposal of the chapter. Of the nine paras, No. (e) and (f) paras are:
(e) The President of the Union shall be a
person who has been residing continuously in the country (or) in a territory
under the powers of the State for at least 20 years up to the time of the
election.
(f) The President of the Union must be a
person who is loyal to the State and the citizenry. In addition, the person
himself, parents, spouse, children and their spouses shall not owe allegiance
to a foreign power or be subjects or citizens of a foreign power.
In proposal No. 3 of the paper concerning the
chapter Head of State,
(3) The President of the Union shall be
elected by the electoral college.
(a) If all the elected Hluttaw
representatives of Pyidaungsu Hluttaw are included in the formulation of the
electoral college, difficulties may be encountered in managing other affairs of
the State. Moreover, if the college is formed with many members, it is
difficult to effectively and decisively carry out tasks concerning the
election. So, the electoral college should be formed only with a fair number of
members. The group assumes it appropriate to form the college with 47 members
-- 14 elected Hluttaw members from the Hluttaw with equal numbers of representatives
elected from regions and states; 26 elected Hluttaw representatives from the
Hluttaw elected on the basis of population; and 7 Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services for the said two Hluttaws or in other words Pyidaungsu Hluttaw.
The delegate said proposals submitted on the
three chapters the State, State Structure and the Head of State were based on
the clarifications of the Work Committee Chairman at the National Convention
Plenary Session on 18 January 1994 and some basic principles were their
exclusive proposals compiled in accord with the six objectives of the National
Convention, the already formulated 104 basic principles and the National
Convention procedures and with genuine goodwill in the interest of the future
Union.
Kayan Group
A proposal paper on basic principles to be
incorporated into the chapters the State, State Structure and the Head of State
of the Constitution to be drawn up was compiled by Kayan group of other invited
delegates group. It was submitted by delegate U Gabriel Byan.
U Gabriel Byan
[Insurgency was against monarchism and bad
administration, not the government; need for an expanded Kayan State]
He said:
At one time the activities regarding federal
policy in Shan State and Kayah State were based on top strata of people and
were not in the least the aspirations of the lower level mass of the people.
The lower level people were merely their scapegoats and were made use of. The
struggle for life of the lower level people in Shan and Kayan States stands
proof of this. Similarly, in Shan State (South) where the majority of the
people were Pa-O nationals, they also had to struggle hard to completely do
away with monarchism in their regions.
However, in some of the states due to the
influence of monarchists or incorrect system of designating administrative
regions and formation of regions, the administrative power of the Government
became ineffective with the result that development could not be achieved
proportionately and the life of some of the national races degraded to the
lowest level. Some of the national races living in some of these states could
not depend on the monarchies and they could not express their opinion to the
government as the administrative region had been divided up and hindered them
from reaching up to the government. Thus, some of the national races had to
struggle hard on their own to bring development to their own race and their own
region and at the same time oppose the federalism and in the process they
unknowingly infringed some existing laws and became rebels opposing the
government without realizing it. Some monarchists and politicians who wanted to
gain power through short-cut started pointing accusing fingers at the people
who had become rebels and they tricked people by making it look as though the
rebels were dissatisfied with the government and not with them and once they
gained power or had more power, the rebels would be satisfied and quiet.
In reality, the majority of the armed groups
in the hill regions became so --
(1) while opposing monarchism; and
(2) due to faulty designation and division of
administrative region, the administrative power of the government did not reach
out to these regions and thus become ineffective and the national people in
these regions had to struggle and depend on their own and in the process they
infringed some of the existing laws and unknowingly became rebels.
The service personnel and the members of the
Tatmadaw who have been to our region and who have been assigned duties there
are fully aware of the problems and difficulties encountered and the loss
suffered by us.
I would like to make a serious request to the
National Convention to sympathise with the life of Kayan nationals, who had at
one time resided together in a single community on the same common stretch of
land but whose land was split into four portions, and to prescribe and
designate the regions in such a way that some of natural administration region
will become natural again and we will be able to live together in legal
community. Here as it is necessary to re-delineate the areas of some of the
states and divisions, and it is to be seriously requested that some of the
people should not misinterpret the basic principles "no part of the territory
of the Union, namely regions, states and self-administered zones shall ever
secede from the Union" and draw the conclusion that which particular
region or zone should not secede from which particular region or state. As for
Kayan nationals we will (1) never secede from the Union and (2) we have opposed
secession throughout the past and will continue to do so in the future.
What we Kayan nationals aspire for and want
to request through the National Convention are:--
(1) to re-delineate some areas of the
necessary division and state so that the Kayan nationals will be able to reside
together in communities on the same common stretches of land so that they will
be brought together legally in accordance with the Constitution.
(2) in order that the legally formed Kayan
national region will be suitable it should be included in Kayan State.
(3) In order to make up for the drawback
suffered by Kayan nationals for many years due to negligence and to catch up in
development with other national brethren by prescribing a certain period of
development tasks to be carried out on priority basis with the assistance of
the State.
Whatever people may say, the national races
in our country have known to live together in unity and harmony through thick
and thin since ancient times. Although there may be minor disputes to a certain
extent between one national race and another, no one can deny the fact that
they cannot remain aloof with one another. If there are arguments between one
national race and another, it is not based on racial hatred but due to
unnatural conditions of administration in some regions, or administration which
cannot reach some areas and cannot be effectively carried out and arising out
of dissatisfactions.
Therefore in writing and prescribing the
different levels of State Structure, it is especially necessary to be natural
and fair in dividing and prescribing the various administrative zones. This
will assist the government in making its administration and management tasks
more effective.
We believe that State Structure at different
levels to be drawn up and included in the new Constitution will be equal and
just for all the national races according to their original rights will be
systematic, natural and convenient.
It is to be mentioned that -- non-disintegration
of the Union, non-disintegration of national unity and perpetuation of
sovereignty -- the Three Main National Causes are the causes of all of us.
Kokang national delegates
U Yang Kya Kwai (a) U Khin Maung San,
delegate of Special Region-1 in northern Shan State, submitted the proposal
paper of the Kokang national delegates on the chapters the State, State
Structure and Head of State to the National Convention.
U Yang Kya Kwai (a) U Khin Maung San
[Kokang nationals. Special Regions for Peace;
Tatmadaw role]
He said:
Our nation is home to various national races.
According to experiences, nation-building and development tasks were hampered
due to disunity among the national races. In terms of development, the nation
could not keep abreast of the world nations. This we all know. National Unity,
therefore, is important for national development.
Realizing this, leaders of the national races
have joined hands with the State and are now engaged in regional development
projects for the welfare of the local people. Special Regions of Peace then
emerged.
Up to now, there are 10 such regions. More
will emerge. Five years of experience shows that it is more effective and
expeditious to implement the regional development projects in the regions of
their own after designating Special Regions of Peace and providing
opportunities to make direct contact with the Central Government and the
Ministries concerned.
Such special regions should therefore
continue to exist in areas where nationalities reside since regional projects
implemented by themselves with the State's assistance have proved to be highly
beneficial to national unity. With the designation of self-administered areas
in the State Structure, regional development projects can be implemented with
added momentum and regional peace and security could also be ensured. Existence
of self-administered areas in the regions and states will contribute towards
economic development, improvement in the standard of living and more speedy and
effective implementation of construction projects in the state concerned.
Mutual understanding will be promoted and unity consolidated among the
nationalities. Establishment of self-administered areas will enable the people
to understand the progress made in neighbouring major nations which are making
progress through unity. Hence, national races who have already had regions or
states of their own should accept with magnanimity the establishment of
self-administered areas of other national races in their region or state and
work together with them for the development of the region or state concerned.
In connection with the National Convention
objective for the Tatmadaw to be able to participate in the national political
leadership role of the future State, he discussed thus:
In September 1988, the Tatmadaw government
took over administrative duties of the State. Now it has been more than five
years. Endeavours made by the Tatmadaw government in a short period of some
five years are worthy of putting on record. While restoring law and order in
the country, it has been making relentless efforts for peace and tranquillity,
progress and secure and smooth transportation. It has begun restoring peace
which has been non-existent in certain areas for more than four decades. The
Tatmadaw leaders are implementing these projects with foresight and sincerity,
with emphasis on welfare of the people of border areas and non-disintegration
of the Union. Negotiations with armed groups of national races in a brotherly
manner have led to a return to the legal fold of the 10 armed groups thereby
restoring peace. The number is expected to rise. With magnanimity and
sincerity, the Tatmadaw leaders have been able to accomplish this which no
government could for more than four decades.
There were areas forgotten and ignored by the
Union. The Tatmadaw leaders laid down projects and sent manpower and financial
aid to the far flung areas to which access was difficult. Today, they can
contact Yangon by phone and it takes a few days to get there, compared with
months of travel previously. People can go to areas of their choice in the
country to do business peacefully. The Tatmadaw members, in addition to their national
defence duties, are taking part in nation-building tasks in major and small
towns and villages for smooth transportation and for economic development of
the people. They play whatever role they can for national development in the
long run. Development projects are also being implemented with added momentum.
To ensure that there is no let-up in this momentum, it is proposed that the
Tatmadaw member delegates should play political leadership role in the future
State. The Tatmadaw being an organization made up of different national races
has served in different areas of the nation. They are acquainted with the
traditions and customs of national races and understand them well. Starting
from their junior years, leaders of the Tatmadaw have undergone training and
are experienced in administrative, management and military affairs. Throughout
Myanmar history, the Tatmadaw has had fine traditions. Giving the Tatmadaw an
appropriate role in the political leadership will strengthen and consolidate
the non-disintegration of the Union, perpetuation of sovereignty and
non-disintegration of national solidarity and ensure internal peace.
In almost every nation of the world today, it
will be seen that a considerable number of Tatmadaw leaders are taking part in
the national political leadership role. In future Myanmar's national political
leadership role too, the Tatmadaw representatives should be given an
opportunity to play and appropriate role. With their participation, management
of national defence, security, administrative, foreign relations and so on will
be more effective and successful.
Regarding the conclusion of the tenure of the
President or Vice-Presidents, he proposed that a principle should be laid down
for them to enjoy rights after their official term of office, if they are not
re-elected so that they will be able to live in comfort and in dignity during
their retirement. (NLM 3/26)
Mar. 26 [full text]: The following is a
translation of salient points from proposal papers on fundamental principles to
form as base in the chapters the State, State Structure and Head of State
submitted by the other invited delegates group to the plenary session of the
National Convention yesterday.
U Aung Myint of Shan State (North) Special
Region 2
[Wa nationals. Creation of Wa State]
U Aung Myint, delegate of Special Region-2 in
northern Shan State, submitted a proposal paper to the National Convention on
behalf of leader of Wa nationals U Kyauk Nyi Lai. He said.
Since ancient time, Wa nationals have been
residing together along the valley of the Thanlwin River with own specific
area, administration, dialect, cultural traditions and customs up to this day.
It is estimated that Wa population is more
than one million, and over 700,000 are living along the valley and in the east
of the Thanlwin River.
Namtit Creek likes in the north and Mongton
Township in the south. In the west, there lie Monkyet area, Nampan Creek, and
along the Thanlwin River and in the east there lie borders with China, Laos and
Thailand.
It is again proposed that Wa region in the
east of Nampan Creek and Thanlwin River be designated as Wa state.
The Wa delegate declared that Wa nationals
shall never secede from the Union whatever decision is finally made by the
National Convention over the proposal of Wa nationals.
In connection with State Structure, he
discussed as follows:
All the delegates had heard the proposals of
the Wa nationals over establishment of new Wa state. The delegates would
realize that the proposal differs from the clarification of Chairman of
National Convention Convening Work Committee U Aung Toe on 18 January 1994. If
the national brethren decide to designate either a state or self-administered
division for Wa nationals, it openly proposed that Wa nationals would like to
accept only direct administration of the Central Government of the Union of
Myanmar. In other words, it is proposed that the National Convention is to lay
down a principle to form basis in writing the Constitution stipulating that Wa
self-administered division is to be placed under direct administration of
Central Government similar to the Chin Special Division before attaining
statehood or prior to the 1974 Constitution. It will also be necessary to
provide constitutional access to statehood in future for Wa region.
The Wa delegate then reviewed the
post-Independence period stretching more than four decades dividing it into
three parts.
He said in the first 20 years, for various
reasons successive governments ignored backwardness and the plight of the
people of Wa region located in the far flung area.
During the next 20 years, he said, the BCPs
took advantage of the above weaknesses, organized the Wa nationals and rose
against the Government for more than 20 years. It could be described as a
tragic incident. During the period of more than 20 years, the BCPs had not done
much for the development of Wa nationals. Finally, Wa nationals had forsaken
BCP leaders for not being able to provide political leadership, ease the basic
needs of the people nor bring about regional development.
He said it has been some five years after
securing peace with the State Law and Order Restoration Council. This period
should be regarded as part three. The State, with sincerity and goodwill,
energetically carried out regional development projects providing direct
leadership, and local people, wishing to keep abreast of other national races
in development, also made all-out efforts. In a short period of some five years
there have been achievements which were absent in more than four decades.
In conclusion, the Wa delegate proposed:
(a) to establish new Wa State,
(b) to establish Wa self-administered
division similar to Chin Special Division under direct administration of the
Central Government prior to the 1974 Constitution if a new state cannot be
established,
(c) to provide constitutional access for the
establishment in future of a new Wa State.
U Sai Nong of Shan State (North) Special
Region 3
[Tainglian nationals. Having a designated
State should not prevent nationals living elsewhere from having
self-administered areas]
U Sai Nong, delegate of Special Region-3 in
northern Shan State, submitted the proposal paper reflecting the opinions of
the people of the Special Region-3.
In connection with the State Structure
chapter, he said he would like to discuss amendments to be made to some of the
basic principles of the chapter. He then discussed as follows:
A basic principle was laid down that
"Other than the national races who have already had regions or the
states..." but it should not be so. Instead, a national race who has
already had a region or state should give other nationalities with appropriate
population residing in another region or state close together on the same area
of land self-administered division or self-administered area. Then only will
the nationalities who have had their own regions or states but are resident in
other regions or states enjoy the rights like their fellow nationalities. If
only the nationalities in the respective region or state are to enjoy the rights
and even blood brothers living in the same nation are to lose such rights, it
will be unrealistic and it can adversely affect national solidarity.
For instance...if it is proposed by
nationalities of Shan origin residing close together in areas of upper Sagaing
Division and lower Kachin State namely, Tainglian, Taingnay, Tainghsa, Taing
Hkamti, Taing Katu, Taing Kanan, Taing Hkunt and so on to designate suitable
self-administered division or self-administered area, they are the
nationalities who, like ourselves, meet the conditions required for being
granted the (self-administered division) or the (self-administered area). They
are the nationalities with appropriate population residing close together on
the same area of land. Their wish to manage their own affairs does not arise
only on this day. When Myanmar was under the British rule, the area populated
by Tainglian nationalities was designated in table (2) and the Kachin hill
region in table (1) of an administrative law (1935). At the Panglong Conference
it was demanded to designate the areas of Bhamo and Myitkyina districts
including the area stated in table (2) as Kachin State. The Conference was
almost disrupted since the demands did not conform to the 1935 law. It then
happened that as the area stated in table (2) did not belong to Kachin
nationals but to Tainglian nationals Bogyoke Aung San totally disagreed with
the demands. He even made plans to go back to Yangon. On 21-4-47, U Po Hti, U
Saw Yi and U Ba Hsin who were chosen and sent by the plains of Bhamo district
saw the hill region inquiry commission and told their opinions. They also gave
a written statement to the commission chairman. The statement said that the
people of Bhamo and those of 22 villages held a meeting, that the meeting
denounced the secret plan of the British authorities to include the plains of
Bhamo and Myitkyina in the new Kachin State, and that the people of the area
would not accept nor agree to all proposals to carve out plain areas for the
establishment of new Kachin State. The statement was signed by U Po Hti, U Saw
Yi, U Ba Aung and U Ba Hsin. However, the 1947 Constitution promulgated on 24
September 1947 provided in the Section 6--The territories that were heretofore
known as the Myitkyina and Bhamo Districts shall form a constituent unit of the
Union of Burma and be hereafter known as "the Kachin State." In this
way the Tainglian nationalities lost their rights.
In connection with the formation of a
commission by the State to designate self-administered areas, the delegate said
it would be most appropriate to carry out the task with the formation of a
commission. If the matter is decided immediately, could there be happiness as
desired when all the national races were not satisfied. Hence, first of all the
correct figures of the population of the respective townships and areas and the
names of nationalities are to be obtained. Secondly, the genuine aspirations of
the local people are to be sought. And finally, the remarks of the commission
are to be obtained. Only after all these, the nationalities and specific areas
could be designated correctly with the appreciation of the nationalities
thereby consolidating and strengthening national unity.
The delegate said he had nothing to discuss
the Head of State chapter.
U Min Ein of Shan State (East) Special Region
4
[Akhar (and Lwe) nationals; wants
'special" self-administered status]
U Min Ein of Shan State (East) Special Region
4 submitted the proposal paper. He said:
I wish everybody good health and happiness.
I am U Min Ein, National Convention delegate
from Shan State (East) Special Region 4. I will present matters on behalf of
the entire national races of Shan State (East) Special Region 4.
I would like to present matters regarding our
region. Our region is situated in the Shan State (East) and has common borders
with Kengtung, Mongyawng and Mongyan Townships. There are also the China and
Laos borders on one side. Ahkar, Shan and Lwe national races reside in the
region.
The Ahkar nationals are also known as Kaw.
The Ahkar nationals, since the time of our ancestors were born and bred and
have lived in our region successively.
We Ahkar nationals, like our brethren Wa
nationals lagged behind in development through different eras.
As fighting raged in our region and the
people suffered a great deal from the effects of the war, some Ahkar nationals
had no other alternative but to leave the region and live elsewhere.
At one time, our region was a black area for
the State. It was a consolidated are for the BCPs who influenced the region and
posed danger and distraction to the State.
It was only in 1989 that the regional people
awoke from darkness and achieving development they began to oppose the BCPs and
drove them out of the region. Once the region was rid of the BCPs, leaders of
our national race formed the "military and regional administrative
committee" and obtained peace with the State and the Tatmadaw.
The entire mass of the people in the region
and regional troops were organized and persuaded to enable them to return to
the legal fold and live in peace and tranquillity. We had to pass through
anxieties, evil influences, distractions and obstacles which had to be solved
and some are still being solved.
The government designated our region as the
Shan State (East) Special Region 4 and the status of a division. The troops
were also designated as police force and provided assistance by giving
salaries.
Within five years of obtaining peace, our
region has achieved considerable progress and development. Comparing the
situation of the region with that of the period of the BCPs, there is a vast
difference and the region has attained a new appearance.
The progress and development achieved in our
region is due to the genuine goodwill of the State leaders placed upon our
region and national races in our region and utmost and concerted efforts made
and close supervision given and assistance provided.
Similarly, it is also the result of the
active and enthusiastic participation by a group of our regional leaders, their
earnest efforts and contributing funds as much as possible by us in addition to
the development funds provided by the State as the development tasks were being
implemented for our own region and our own people.
I would like to request that our Special
Region be designated as special self-administered division. It is expected that
the esteemed delegates will discuss and coordinate in this respect.
The reason for requesting for a division
status is the State has designated our Special Region 4 as a division.
In our self-administered division, the Ahkar
self-administered district, Shan self-administered district and Lwe
self-administered districts will be formed.
It is to enable the national races residing
in our region to represent their own national race and to carry out
administration in their own area and this is also very suitable to our region.
Our region should be designated not only as
an ordinary self-administered division but should add the word 'special' and
designated as a special self-administered division. The reason is because it
has a special historical background, situated in special region, has special
aspects in national defence and security matters and economic and political
significance and the tendency to become a significant region.
In order that our region and our people,
having lagged behind in development, may achieve rapid progress and have
promote and effective contacts with the Government, it is necessary for the
region to be given not an ordinary status but the privilege to make contacts directly
with the central.
This is not because we do not want to join
together with any other national race or stay under any state, but because our
region has special significance and we want to implement all-round development
tasks speedily and to reduce the level between the Central and our region as
much as possible and also because some tasks cannot be effectively carried out
at state level.
Hence, all are requested to coordinate and
discuss so that our Special Region 4 will be designated as special self-administered
division so as to enable the entire national races in our region to remain
within the legal fold in peace and to see and enjoy the full generosity of the
State.
I will continue presenting matters in
connection with Head of State. We fully appreciate and agree with the
clarification made by Chairman of the Work Committee on 18 January 1994 in
connection the electing of President and Vice-President. We fully believe that
we will get a President who will be able to work according to our Three Main
National Causes and make the country become developed and prosperous and we
fully support this.
U Mahtu Naw of Shan State (North) Special
Region 5
[Kachin nationals; wants Kachin
Self-Administered Division covering northern Shan State, directly under Central
Government]
I am U Mahtu Naw, Kachin national leader of
Shan State (North) Special Region 5.
In connection with the formation of
self-administered division and self-administered zone, although we Kachin
nationals of Shan State (North) Special Region 5, have got Kachin State, we are
nationals who have been administering and managing the affairs in Shan State
(North) in succession since ancient times, and as it is designated as the
Special Region 5 by the State Law and Order Restoration Council and remains so,
we would like to ask that the Shan State (North) be designated as Kachin
Nationals Self-administered Division and remain under the leadership of the
State Government. Historical evidence for requesting the Kachin National
Self-Administered Division will be given.
Due to the arrangement by the government
since the ancient times, we were given the right to self-administer the
regions. Myanmar King Alaungmindayagyi gave administrative powers to Kachin
National leaders, Muse Township Manhunt Duwa and Kutkai Township Mongsi Duwa to
administer their own regions and there still remain stone carvings of them.
The leaders of the Kachin nationals of Shan
State (North) during the colonial era were given the right to administer 99
village circles under the Hsenwi Sawbwa.
Together with the independence of the Union
of Myanmar, an agreement was signed between the Hsenwi Sawbwa of Shan State
(North) and the Kachin national leaders on 9 December 1947 and the Kachin
Sub-state under the administration of Kachin nationals was recognized.
The Kachin Sub-state existed since the time
Myanmar Naing-Ngan regained its independence up to 1962 when the Revolutionary
Council emerged. This Kachin Sub-state was under the administration of Kachin
Sub-state Council. The Kachin Sub-state Council office building still stands in
Ward No. 4 in Kutkai. It is now being used as the Township Development
Committee office.
During the time of the State Law and Order
Restoration Council the region was designated as the Special Region 5 and is
under the direct control of the Government during the five-year period of the
State Law and Order Restoration Council, the unprecedented tasks for
development of border areas and national races are being implemented. The
border areas and special regions are now achieving progress and development as
can be seen by everybody. The development being achieved thus is due to the
direct administration by the Central Government and the special regions have
been given the right to present reports direct to the Central. Hence it is to
be presented that as the Special Region 5 is under the direct administration of
the Central, the self-administered division of Kachin nationals which we have
asked for should come under the direct control system of the Central with no
middle level control in-between.
By having direct contacts with the Central,
the administrative machinery of the Government can be operated more effective
and swiftly, national security tasks can be carried out more effectively in
cooperation with the Tatmadaw and tasks for regional development and ensuring
peace and tranquillity to assist the Government can be carried out more
effectively.
The regions to be designated for the
Self-administered Division of Kachin nationals are:--Western sector of Lashio
along the rail-line up to Namtu, from there along the Manton Motor Road
including Kaungkat village, Loimawmein Hill, Hsingaung Hill (Mahohant), Kayun,
Namngon, Namlet, Maptar, Huri, Namkhine up to Mongyu, from there along the
strategic road including Panngu, Hsinkyaing, Kaungwaing, Kawri (Kachin), the
upper reaches of Shweli River including Manhong (Shanywa), along the
north-western bank of Shweli River north-west of Namkham, the Namsa Rubyland
area, Lathsin, Mawtawng, Yanwu, Kyankar, Kakyit, Kinhsaw, Tonhon, Lwe-hsaing,
Lwe-hsaung, up to Je-Oh, Panhone Hill, Lwelan Hill and along the Namhswe creek
east of Lashio up to Hsa-Hlian ferry jetty at Thanlwin River, from there
northward along the Thanlwin River and all the area on the western sector of
the Thanlwin River. It is to be presented that all these regions are to be
approved and designated. The map showing the area under the Kachin
village-circle headmen of 1947 or the map showing the Self-Administered
Division of Kachin nationals is attached together with this proposal paper.
In connection with the chapter on Head of
State --
(1) the Head of State is the President of the
State,
(2) the President of the State shall be
elected by electoral college.
Members of the electoral college should be
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 the 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 to Hluttaws.
If we review some of the history of the Union
of Myanmar in the past it will be seen that
1. The internal insurgency which emerged
together with the independence of Myanmar Naing-Ngan led the country to near
disintegration. At the time it was only the Tatmadaw which protected and
salvaged the country from disaster.
2. During the post independence period of the
political party government or the Parliamentary Democracy Government, there
were difference of policies between the political parties and country headed
towards disintegration and the Tatmadaw stepped in to save the situation in 1962
by forming the Revolutionary Council Government and protected the State.
3. Then again in 1988, disturbances broke out
in the entire country with the excuse of flourishing multiparty democracy in
the country and the State was in disarray and on the verge of total
disintegration. It was only the Tatmadaw which brought the situation under
control and has preserved the perpetuity of the Union up to this day.
4. From 1988 up to this day, due to the
magnanimity, far-sightedness and goodwill of the State Law and Order
Restoration Council towards the national races, it has invited armed groups
with patience and brought about internal peace. Today, peace and tranquillity
reigns in the country due to the efforts made by the Government. The armed
groups after obtaining peace have been given special regions by the State Law
and Order Restoration Council and is implementing regional development tasks.
Moreover, it is also implementing development tasks in the border areas and
other regions.
5. As it is the Tatmadaw which only knows the
condition and events of the special regions, the development tasks which are to
be implemented with uninterrupted momentum in the border areas, special regions
and self-administered divisions which we have asked for, cannot be implemented
without the leadership, genuine goodwill and efforts of the Tatmadaw.
Therefore, it is to be proposed that a basic principle should be laid down so
that the Presidential candidate or Vice-Presidential candidate shall be
nominated by the Tatmadaw.
I conclude by wishing the Esteemed Chairman,
members of the Panel of Chairmen and all National Convention delegates good
health and happiness.
(NLM 3/27)
Mar. 28 [full text]: The following is a
translation of salient points from proposal papers on fundamental principles to
form as base in the chapters the State, State Structure and Head of State
submitted by the other invited delegates group and political parties to the
plenary session of the National Convention today.
[Shan State (South) Special Region 6]
[Pa-O nationals; Presidential system
endorsed]
Proposal paper submitted by delegate of the
other invited delegates group National Convention delegate U Aung Hkam Ti of
the Shan State (South) Special Region 6 at the Plenary Session.
U Aung Hkam Ti
I am National Convention delegate U Aung Hkam
Ti, Pa-O national leader of Shan State (South) Special Region 6.
At this opportune moment, I would like to
present a little about Pa-O nationals. We Pa-O nationals are included in the
Kayin group of the Tibeto-Myanmar stock. We came down from the Mongolian
Plateau, passed along the Mekong River and Shweli River from China to Kutkai
Plateau then through the Kyukok valley, crossed the Lashio mountain range and
settled in Taunggyi and Loilem Districts.
Language is one of the characteristics of a
race and Pa-O language is a language separate from the Kayin. There are eight
sounds in Pa-O language and is quite different from Myanmar language.
As the majority of the national races have
their own literature, the Pa-O nationals also have their own separate
literature. Due to the belief in Theravada Buddhism and based on it Buddhistic
writings flourished. Hence the Pa-O nationals since ancient times had their own
literature together with Buddhism.
I will now continue to present matters in
connection with the basic principle -- "no part of the territory of the
Union, namely regions, states and self-administered areas shall ever secede
from the Union".
In Section 19, Chapter II of the Constitution
of the Soviet Union, the right to secede has been given. Due to the weakness of
the Constitution the Soviet Union is now seen that the Soviet Union [sic] has
split up into fractions and many difficulties are being encountered. In some
East European countries it is seen in newspapers that there is war going on
between ethnic groups and making efforts to secede from the respective country.
In the original Constitution of the United
States of America there are no restriction for the states to secede and
therefore it means that the states can secede if they desire to do so. In 1861
in the Southern States, due to the difference in opinion between some states
regarding slavery civil war broke out in the country. This civil war which
broke out due to the matter of seceding took place after 85 years of independence
of the United States.
Regarding this point legal expert Dr. Maung
Maung has mentioned in his State Constitution written in English in connection
with the matter of seceding from the Union giving a serious warning citing the
United States as an example.
It is quite obvious that weaknesses and
shortcomings in the State Constitution can bring about the disintegration of
the Union and therefore, it is necessary to have complete facts from all
angles. It is especially necessary to contain points in the new State
Constitution in order to deter the right to secede which can lead to war
breaking out among the national races and bring about disintegration of the
Union.
It is to be seriously proposed that the
fundamental principle "no part of the territory of the Union, namely
regions, states and self-administered areas, etc. shall ever secede from the
Union" should be explicitly prescribed.
If the political history of Myanmar
Naing-Ngan is reviewed, it will be seen that the system of bestowing full power
to only the Prime Minister is being practised. In practising this system the
Prime Minister has to take the responsibility of managing the Hluttaw and has
[to] take into consideration the opinion of the majority of Hluttaw members. If
the Prime Minister goes against the wishes of Hluttaw members and cannot
effectively bring about development to the State and if the strength of members
of the Prime Minister's party within the Hluttaw is weak, it has to go into
coalition with other parties and form a coalition government and thus becomes
ineffective in implementing the vital tasks of the State. Also due to the right
of non-confidence vote by Hluttaw members, the Prime Minister can often lose
his seat and changes in government can take place resulting in political instability
in the country from time to time; and there are many weaknesses as the Prime
Minister, facing a no confidence vote has to agree to changes in the policy of
his government or his party for his party to win and to gain more votes.
If we study the countries where the system of
giving sovereign powers of the State to the Prime Minister is practised, it
will be seen that due to the above-mentioned weaknesses, the change in
government takes place quite often in these countries. Moreover, it takes quite
a lot of time for a policy to come into effect or tasks to be implemented. In
one of the neighbouring countries, it is seen that the change of government
took place many times in a single year and the king himself had to step in to
settle the matter.
In majority of the countries of the world
where the President is given the full sovereign powers of the State, there is
political stability and domestic and foreign affairs can be carried out easily
and expeditiously.
At a time when market economy is being
practised in our country and steps are being taken intensively and steady pace
to bring about economic development, the system of giving full power to the
President is most appropriate, then only will he be able to concentrate on
bringing about development with a firm footing rather than spending his time in
politics in order to remain in power.
Therefore, it is to be proposed that the Head
of State in our country should be the President on whom full executive power is
to be bestowed.
It is especially necessary to prescribe
beforehand the qualifications of the President so that no traitors or foreign
interferences can be present in the leadership role of the State. It is to be
proposed that the qualifications of the President should be as follows--
It is necessary for the President himself,
either parents, and spouse not to owe allegiance to a foreign power, be subject
or citizen of foreign power and be persons entitled to the rights and
privileges of a subject or citizen of a foreign power.
It is to be proposed that as a policy has
been laid down by the Plenary Session of the National Convention that the
President should be elected by electoral college, the President should be
elected only by the electoral college.
In electing the presidential electoral
college it is seen that it is done in conformity with our country's history,
political conditions and other situations. According to the political situation
in our country the presidential electoral college should be elected separately
but all representatives in the Pyidaungsu Hluttaw should be designated as
members of the presidential electoral college.
Group 1 should be formed with elected Hluttaw
representatives in the Nationalities Hluttaw and Upper Hluttaw with equal
numbers of representatives elected from regions or states; Group 2 should be
formed with elected Hluttaw representatives in the Lower Hluttaw elected on the
basis of population; and Group 3 should be formed with Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services.
Therefore, I hope that other delegates groups
will make proposals on facts which are more complete and good for the emergence
of the State Constitution which is very good and the foundation of the State
and with this I conclude our proposal.
[Shan State (North) Special Region 7]
[Ta-Arng (Palaung) nationals. Call for
self-administered division]
Proposal paper submitted by delegate U Ai
Mong from Shan State (North) Special Region 7 of the other delegates group at
the National Convention Plenary Session.
U Ai Mong of Shan State (North) Special
Region 7:
I am U Ai Mong, group leader of Shan State
(North) Special Region 7. I would like to present a proposal to the National Convention
the various aspects of the Ta-Arng (Palaung) from Special Region 7. We Ta-Arng
(Palaung) nationals are one of the national groups of the Mon-Khmer which
entered into Myanmar Naing-Ngan first as all National Delegates are already
aware of.
The chief livelihood of our Ta-Arng (Palaung)
nationals is growing tea leaves and agriculture. We are producing about 95 per
cent of tea leaves produced in the country. We are of the Buddhist faith and we
have our own literature and culture and our own language, mode of dress and
traditions which we have preserved and we live in a community on the same
stretch of land.
We Ta-Arng (Palaung) nationals love to be
called Ta-Arng. The approximate area where we live in communities on the same
stretch of land are:--
(1) in the vicinity of Mogok and Mogok
Township in Mandalay Division;
(2) in Kyaukme Township, 60 per cent of the
population in Kyaukme Township and its suburbs;
(3) in the western and northern sectors of
Hsipaw Township;
(4) representing 70 per cent of the population
in Namtu Township;
(5) representing 40 per cent of the
population in Mongmit Township;
(6) representing 55 per cent of Kutkai
Township;
(7) in Namhkam suburbs and in Namhkam
Township representing 70 per cent of the township;
(8) representing 95 per cent of the
population in Namhsan (Shan State, North) and our total population is about
600,000 and we live in communities.
Moreover, we also live scattered in Lashio,
Tangyang, Muse and Monghsu in Shan State (North), in Kalaw and Aunban, Lawksawk
and Ywangan Townships in Shan State (South); and Kengtung, Monghkat, Monghsat
and Mongpyin Townships in Shan State (East).
In consideration of having our language,
literature, culture, mode of dress and customs and traditions and the desire to
live peacefully, I would like to propose the following:--
(a) to prescribe the Ta-Arng
Self-administered Division for Ta-Arng nationals;
(b) to call us Ta-Arng nationals instead of
Palaung nationals;
(c) to upgrade and form Manton area into a
new township and Mong-ngaw area into a New Mong-ngaw township.
We hope and desire for the perpetuity of the
Union of Myanmar, for all the national races to be united and live amicably,
perpetuity of the sovereignty and for stepping up the tasks of bringing peace
and development to the border areas being implemented by the state. I wish to
present seriously to the National Convention to prescribe a Self-Administered
Division for the Ta-Arng (Palaung) nationals so that the entire mass of the
Ta-Arng (Palaung) nationals can contribute towards bringing peace and
tranquillity and development to the region. We also wish that other national
brethren will also get self-administered division according to the prescribed
population and geographical (same stretch of land) situation.
I fully believe that the members of the Panel
of Chairmen and all National Convention delegates will patiently ponder over
and deliberate upon the proposal and suggestions made by me. I conclude by
wishing all delegates success in discussing and deliberating matters according
to their aspiration.
U Kyaw Myint (a) U Win Maung (Namhkam):
[Lisu nationals; call for a self-administered
zone]
I am U Kyaw Myint, National Convention
delegate of other invited delegates group.
I, as Chairman of the Cultural Affairs League
of Kholon Lishaw nationals would like to present matters at this opportune
moment in connection with the affairs of national races as regards the
prescribing of self-administered division or zones for suitable national races.
The correct name of our national race is Lisu. There are two national groups
among the Lisu Kholo Lisu and Kpha Lisu.
To state as an evidence, in Volume 12 of the
Encyclopaedia Myanmarnica from page 16 to 18 published in 1972 facts relating
to Lisu nationals have been written. In that book the correct name of Lisu is
written. In that book it is mentioned that we are Tibeto-Myanmar stock of Muso
group. Lisu people can be found in Shan State and Kachin State. The Shans and
Myanmars call us Lishaw and some national races call us Liso. In Putao region
we are called Yawyin and those in Shan State are also called Lisaw. Besides the
Putao Lisu, there are three kinds of Lisu namely, Kengtung Lisu, Bhamo Lisu and
Loilem Lisu. There are two kinds of Lisu among those in Shan State, the Kholon
Lisu and Lipha Lisu. It is also written that Kholon Lisu is none other than
Kholon Lishaw. It is estimated that there are about 20,000 Lisu people in Shan
State.
The majority of Kholo Lisu or Kholon Lisu are
found at Shan State (North). Due to the dangers posed by armed groups the Lisu
people are scattered in all parts of Myanmar but the majority are in Namhkam
and Namhkam mountain range in Kutkai mountain regions. It is to be assumed that
there are about 70,000 Kholo Lisu (a) Kholon Lishaw scattered in all parts of
the country. There are about 40,000 living on Namhkam mountain range. We Kholo
Lisu (a) Kholon Lishaw are honest and peaceful people and Buddhist nationals
and we live in a friendly manner amidst all national races whatever the
circumstances. Moreover, like other national races of the Union we have lived
in Myanmar Naing-Ngan since ancient times sharing joy and sorrow through weal
and woe.
I would like to make a request to take into
consideration whether or not Namhkam, Kutkai and Namhkam Mountain region in
Kutkai where the majority of the Kholon Lishaw nationals live together in
communities can be designated as self-administered zone. If it cannot be
designated a self-administered zone then what steps will be taken if this
national group's population in a certain region is quite considerable. I will
strictly abide by the fundamental principles laid down by the National
Convention.
I honestly say that I have no idea if the
facts I have presented are directly connected and in conformity with the
chapter on State Structure. If they are not in accord with the chapter then to
put them on record or to put them under some other appropriate chapter.
U Myint Lwin (a) U Wam Kwaita
[Monwun nationals; call for recognition]
U Myint Lwin (a) U Wam Kwaita, delegate of
Monwun region in the north-east of Myanmar from the other invited delegates
group, submitted the proposal paper on the chapters the State, State Structure
and Head of State.
The delegate elaborated in the proposal paper
on the loyalty and performance of duties for successive periods by the Monwun
nationals at the risk of their lives claiming that those incidents have been
put on record. The delegate said he had attached the documentary evidence of
those events in detail.
He noted that Monwun nationals at present
time are carrying out whatever duties are assigned to them together with the
Tatmadaw with the ultimate aim of safeguarding Our Three Main National Causes--
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuation of sovereignty.
In accordance with the traditions of risking
the very lives for the service of the nation, they will continue to work firmly
together with national brethren for lasting existence of Myanmar.
He said as Monwun nationals have been loyal
to the Union of Myanmar throughout history, they will be so in future. They
will continue to live always together with the national brethren.
They will also strive for progress and
prosperity of the Union in future joining hands with the national brethren of
the Union in weal or woe.
The delegate welcomed the recognition as a
national race of the Union of Myanmar extended to Kokang national brethren as
they meet the requirements.
Similarly, he said, the Monwun nationals also
feel themselves as a full-fledged national race since they have joined hands
with the fellow national races of the Union in amity for more than 400 years in
the history sharing all the adversities and encountering together all dangers.
The delegate then proposed to include the
Monwun nationals in the list of the national races in writing and promulgating
the Constitution of the Union of Myanmar.
He reiterated that any decision to be passed
by the National Convention will be respected and complied.
(NLM 3/29)
Papers of Political Parties Delegates
National Unity Party
[Self-administered areas for Wa, Kokang,
Pa-O, Palaung, and Naga nationals]
U Tun Yi and U Khin Maung Gyi, delegates of
the National Unity Party submitted the proposal paper of the party. He said:
The National Convention has already laid down
four fundamental principles on the chapter the State. The National Convention
Convening Commission Chairman and the Work Committee Chairman have also called
for discussions on the principles. The National Unity Party welcomes this.
There are most basic points in a
constitution. They are: the State concerned, the nature of the State, the name,
demarcation of territorial boundaries, the State Structure and where the
sovereign powers lie and exercise of such powers. In fact, the State chapter is
the Definitive Chapter of that State. The State Chapter makes the State itself
known to the world and inclusion of this chapter meets one of the
characteristics of a constitution.
It is therefore proposed in connection with
the State chapter for vividness in usage.
As the first point, it should be initially
stated in writing the Constitution "Myanmar is a sovereign independent
democratic State."
As the second point, it should be written:
"The State shall be called the Republic of the Union of Myanmar."
As the third point, the following should be
added: "The Republic of the Union of Myanmar is a nation where various
national races of equal status live together in amity."
As the fourth point, writing "National
sovereignty derives from the citizens and resides in the entire State" is
most appropriate.
As the fifth point, the following should be
added in this chapter: "Legislative power, executive power and judicial
power derive from the citizens and organs of the State power formed under this
Constitution shall exercise these powers on behalf of the citizens according to
law."
As the sixth point, changes should be made as
follows: "The territory of the State encompassing the land, sea and air
space shall be as it is on the day the Constitution comes into effect."
In connection with designating
self-administered divisions or self-administered zones under State Structure
Chapter it is proposed as follows:
(1) Self-administered divisions should be
designated if the following conditions are met:
(a) a national race who does not have a
region or state yet,
(b) having an appropriate number of
population,
(c) residing close together on the same area
of land,
(d) having townships of its own at present
with which at least two districts can be formed;
(2) Self-administered zones should be
designated if the following conditions are met:
(a) a national race who does not have a
region or a state yet,
(b) having an appropriate number of
population,
(c) residing close together on the same area
of land,
(d) having an area which is not sufficient to
be designated as a self-administered division.
These are the points to form base in
designating the self-administered divisions and self-administered zones. This
is a basis which can be put to use in practice after a study objectively of
various national races residing close together in Myanmar. Internal forces in
the country will have to keep free the practices of oppression by majority
races against minority ones, give various national races the right to continue
to exist and develop and enable them to manage internal affairs with family
spirit, patience, perseverance and in proper order through peaceful means. This
being a racial matter it is delicate and all should take care to be able to
carry out the task in the absence of narrow racialism, suspicions and
prejudices but in the presence of mutual friendship, cooperation and racial
amity. In coordinating this matter there are points to be taken into account in
a broad sense. They are: favourable grounds for administration, economic
viability, the ability to manage urban and rural affairs, proper transport and
communications in the region, race, religion, dialect, cultural traditions and
customs.
The political party went on to recommend on
designating right away the self-administered divisions or self-administered
zones in suitable areas.
Designating the self-administered divisions
or self-administered zones is too delicate a matter. The party finds it
difficult to propose most comprehensively in a short period where to designate
the self-administered areas. It will be more precise and correct to decide
where to designate such areas after taking into consideration the wishes and
opinions of the national races and delegate groups attending the National
Convention. The party will present basic principles so that the National
Convention Plenary Session can dwell upon.
In Shan State, population of the Wa nationals
stands over 90,000. Wa nationals are known to be residing close together on the
same area of land in Panlon, Panwaing, Mongmao, Manphant, Naphan and Panyang
Townships. It is observed that the Wa region has been divided since ancient
times into southern and northern Wa regions.
Population of Kokang nationals in Shan State
is known to have stood over 70,000. They concentrate in Konkyan, Chin Shwe Haw
and Tar Shwe Htaw which are adjoining areas.
Pa-O population in Shan State is over 450,000
in Shan State. They are residing close together in Hopong, Hsihseng and
Pinlaung Townships which are on the same area of land.
Palaung nationals are over 300,000 in Shan
State. They concentrate on Namhsan Township and on Palaung mountain range which
adjoins the Namhsan Township.
In Sagaing Region, there are more than 70,000
Naga nationals. They reside close together mainly in Namyam, Lahe and Leshe
Townships which are on the same area of land.
The political party recommends that the areas
mentioned are to be accepted as self-administered areas. The party just
presents what it has studied for designating self-administered areas for
specific nationalities and demarcating their boundaries.
The National Unity Party has now submitted
its proposals and recommendations to form base in considering points to write
the Constitution in detail, its opinions and attitudes in three sections
namely, the State, State Structure and Head of State chapters. In conclusion,
the party expresses its stand that it will continue to work with mutual trust
and respect for the success of the National Convention, promoting the spirit of
negotiations, coordination and cooperation and reaching a general consensus.
Union Pa-O National Organization
[Wants Pa-O self-administered division]
U Aung Khin, delegate to the National
Convention, of Union Pa-O National Organization submitted a proposal paper on
basic principles to be incorporated into the chapters the State, State
Structure and the Head of State of the Constitution to be drawn up.
Concerning the chapter State Structure, he
said it is most appropriate to prescribe granting of self-administration to the
national races in the new Constitution.
He said as it is realized from historical
experience that unity is important for the fate of a nation, it is high time
for self-administered divisions and self-administered zones to be designated in
the regions or states concerned for national races who have not got states and
who reside together in communities on the same common stretches of land in
appropriate sizes of population.
Pa-O nationals have larger population than
national races of some states and reside in Taunggyi and Loilem Districts in
southern Shan State on the same stretch of land, he said. For these
characteristics, he proposed that a self-administered division be designated for
them, adding that such designation be made for other national races having
proper characteristics in other regions and states.
He noted that Myanmar has to strive at its
best for regional peace and development, perpetuation of sovereignty and
national progress depend on the unity of all national races and accordingly,
prevalence of peace and tranquillity and economic development in the entire
Union depend on granting of self-administration, proposing again for designation
of self-administered areas for Pa-O nationals and other national brethren.
It can be clearly seen that the Constitution
must be thoroughly drawn up as the nation is liable to disintegrate if there
are more or less loopholes in it. It is specially important that care must be
taken in drawing up the new Constitution so that the kind of secession leading
to disintegration of the Union and outbreak of wars among the national races
might be deterred beforehand, he said.
So, he proposed a basic principle to
designate that no part of the territory of the State, namely regions, states,
self-administered divisions, self-administered areas etc. shall ever secede
from the State.
Concerning the election of the President of
the Union, he said the electoral college should be organized with three
groups-- group 1 is to be formed with representatives in the Lumyosu Hluttaw or
Upper House with equal numbers of representatives elected from regions and states;
group 2 is to be formed with representatives in the Lower House with
representatives elected on the basis of population; and group 3 is to be formed
with Tatmadaw member Hluttaw representatives nominated as such by the
Commander-in-Chief of the Defence Services for the said two Hluttaws.
He said each of the three groups of the
electoral college is to elect a Vice-President from among Hluttaw
representatives or from persons who are not Hluttaw representatives and
suggested that the electoral college elect any Vice-President of choice who
obtains the highest number of votes as the President of the Union and the
remaining two Vice-Presidents continue to be in the vice-presidency. Only then
will the affairs of the State be properly be managed by the one President and
the two Vice-Presidents elected.
He said the Union Pa-O National Organization
compiled at its best the paper on basic principle suitable to be included the
chapters the State, State Structure and the Head of State and there might be
weaknesses and loopholes in it.
He expressed hope that other delegates would
put forward proposals, perfect and proper, to the National Convention so that a
Constitution of upmost importance will emerge as the firm foundation of the
State.
Shan State Kokang Democratic Party
[Wants autonomous Kokang self-administered
division; incorporation of insurgent armed units]
U Ti Daung Wai, delegate to the National
Convention, of Shan State Kokang Democratic Party submitted a proposal paper on
basic principles to be incorporated into the chapters the State, State
Structure and the Head of State of the Constitution to be drawn up.
After speaking of characteristics of the
Kokang region, he said Kokang nationals wish to live with their own literature,
language, culture, customs and traditions in a legally recognized
self-administered division under a democratic system which provides full human
rights or under a stable political system which guarantees independent,
peaceful life.
So, he proposed that designation of the
Kokang region as a self-administered division be clearly provided in the new
Constitution, saying that the original territory, to be designated so,
according to the former Constitution, is the combined region of Kunlon and
Konkyan Townships.
Concerning the designation of
self-administered divisions or self-administered zones, he said the following
basic principles should be laid down:
1. A self-administered area, in areas which
are not under direct administration of the Union of Myanmar and states in the
Union, shall have the right to separately and independently manage the affairs
in its own administered area.
2. A self-administered area shall have its
own constitution which is compatible with its characteristics and conditions
and in accord with the Constitution of the Union of Myanmar and those of the
states in the Union.
3. A self-administered area shall have the
right to take part in making decisions by the Pyidaungsu Hluttaw and organs of
State powers and the highest administration on matters under the administration
of the Union of Myanmar and the states in the Union.
4. A self-administered area shall provide
supervision over matters under its administration in coordination with
departments and establishments under the Union of Myanmar and the states in the
Union.
5. The highest organ of power in a
self-administered area shall be the leading body. The leading body shall be
organized in accord with democratic means and wishes of the people in the area.
6. The leading body elected in accordance
with the wishes of the people shall have the right to form an Executive
Committee.
Regarding the self-administered areas, he put
forward the group's opinion that a self-administered division or a
self-administered zone should be designated for a national race, like the
Kachin nationals in Shan State, which has got a state but is residing in a
community in another region or state.
A self-administered division or a
self-administered zone should also be designated for any of the other national
races such as Kokang, Wa, Pa-O, Mro or Khami, Palaung, Lisu, Naga, Lahu and
Akha which has come forward to propose for such a designation, he suggested on
behalf of Shan State Kokang Democratic Party.
Only then, Our Three Main National
Causes--non-disintegration of the Union, non-disintegration of national unity
and perpetuation of sovereignty--will be firmly upheld and the State will be a
perpetual, prosperous Union nation, he said.
Concerning peace units, he proposed a basic
principle to be laid down that:
Such armed organizations should be recognized
as public peace-keeping legal armed units for--
1. safeguarding the security of the State,
2. safeguarding the security of the
respective self-administered division or self-administered zone,
3. constantly protecting the lives and
property of the people,
4. safeguarding the democratic system.
In conclusion, he said weaknesses might have
slipped into the group's paper which might also have advantageous points. He
called on the Chairman of the Plenary Session, the Panel of Chairmen and the
delegates to put forward constructive opinions on the paper.
Mro or Khami National Solidarity Organization
[Wants self-administered area]
Delegate U Tha Ban Aung of Buthidaung
Township, Rakhine State, of Mro or Khami National Solidarity Organization
submitted a proposal paper on basic principles suitable for inclusion in the
chapters the State, State Structure and the Head of State of the Constitution
to be drawn up.
He said the population of Myanmar is
41,200,000 and there are 35 national races each having a population of more
than 10,000, and it will be proper if self-administered areas be designated for
them.
If such a provision were in the 1947
Constitution that an admission is to be made of the group of people that
accounts for one-tenth of the total population of a constituent unit or the
entire country, the affairs of the nationalities will gradually diminish and
disappear without taking on any particular changes.
He opined that granting self-administered
divisions or self-administered zones should not be based only on the size of
population and the width of area. Regardless of population and area, their
history in which they have existed as the national races since ancient times
and their struggles for independence should be assessed and recognized and self-administered
areas be designated based on their present conditions.
He said Mro or Khami has a population of
150,000 and the nationals reside on the same stretch of land in Pauktaw,
Ponnagyunn, Mrauk-U, Buthidaung, Maungtaw, Rathedaung and Kyauktaw Townships in
northern Rakhine State and Paletwa Township in Chin State.
He spoke of the nationals' wish to live
together in a community on the same stretch of land as in former times and
proposed that these townships in northern Rakhine State and Paletwa Township be
organized into a self-administered division.
In so designating, the self-administered
divisions and self-administered zones need to possess fitting characteristics
and it has become necessary to extend the townships concerned into new
townships, he said.
He propose a basic principle to be laid down
that townships as necessary for the self-administered divisions or
self-administered zones be extended and constructed.
He said the electoral college should not be
exclusively elected and if it should be formed with all Hluttaw representatives
in the Pyidaungsu Hluttaw as members including three groups -- group 1 is to be
formed with elected Hluttaw representatives in the Hluttaw with equal numbers
of representatives elected from regions and states, group 2 is to be formed
with elected Hluttaw representatives in the Hluttaw elected on the basis of
population and group 3 is to be formed with Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services for the said two Hluttaws.
He also proposed that the Pyidaungsu Hluttaw
should elect three Vice-Presidents and afterwards, elect by vote any
Vice-President of choice, who obtains the highest number of votes, as the
President of the Union.
He said the President of the Union is the
Head of State who is to exercise full rights and the Vice-Presidents are
persons who have to discharge duties of utmost importance in the State. The
President or the Vice-Presidents, each of them should compile a list of the
family-owned estate, investments in economic undertakings and other valuables,
together with their values, and send it to the head of the Pyidaungsu Hluttaw.
He proposed to lay down a basic principle
that the President and the Vice-Presidents shall enjoy emoluments and allowances,
fitting privileges and a fitting residence prescribed by promulgation of law.
(NLM 3/29)
Mar. 29 [full text]: The following is a
translation of salient points from proposal papers on fundamental principles to
form base in the chapters the State, State Structure and Head of State
submitted by political parties to the plenary session of the National
Convention today.
Lahu National Development Party
[Statehood or autonomy for Lahus; autonomy
for states, regions, and self-administered divisions; no Union territories;
only one Vice-President]
U Kyar Ha Shel, delegate of the Lahu National
Development Party submitted the proposal of the party on chapters the State,
State Structure and Head of State.
The delegate said he would like to add some
points to the basic principles laid down for the State Structure chapter of the
Constitution to be written.
First, he proposed that with the exception of
the national races who have already got regions or states of their own,
statehood should be granted right away to the deserving national races out of
the remaining national races; or if it is early for the measure a special
division should be established, and it should be allowed to make direct contact
with the Central.
Secondly, he said the regions and states
which are members of the Union are to have their own Hluttaws and introduce
appropriate laws, rules and acts. He then proposed that the right of
self-administration and self-determination be given to the regions and states
to enable them to manage their own affairs freely. In other words, they should
have the right of self-determination.
Thirdly, as an exceptional case a national
race with appropriate size of population residing close together in communities
on the same area of land in the states other than their own should be granted a
self-administered area such as self-administered zone or township although it
has already got the region or state of its own. For instance, he said, a Bamar
village is to be under the charge of Bamar headman.
Stating the attitude of the Lahu National
Development Party, he said the delegates should discuss and consult the matter
with magnanimity and patience and finally grant self-administered areas to
those befitting national races. What is important is that the delegates are to
keep in the fore national unity with living kindness. He said the national
races are national brethren and they live together. But they should refrain
from demanding self-administered areas in areas where one's national race
resides, he cautioned. One should not demand what one wants but do what one
deserves, he added. What is to be kept in mind is that fellow national brethren
too will want this. The national brethren who have already got states will have
to oblige with family spirit and magnanimity, he said.
He said Lahu nationals scatter in some
townships of northern Shan State. They live especially in the areas in the east
of the Thanlwin River. They mostly mingle with Shan, Akhar, Wa and nationals of
Wa origin. He then proposed, on behalf of Lisu nationals, that the present
Mongpyin District made up of Mongpyin, Monghsat and Mongton Townships be
designated as the Lahu National Autonomous Zone for easier communications,
better administration and conforming to the basic principles already laid down.
The Lahu National Development Party delegate
expressed the party's belief that the Lahu National Autonomous Zone should be
placed in the Wa State or in the Wa special division in accordance with the
pledges of Lahu ancestors.
He then discussed the matter of designating
the capital of the State.
If Yangon is to be designated as the capital,
there will be different levels of administration in Yangon namely, wards,
townships, and districts. They should be placed under direct administration of
the region. It is inappropriate to place it under direct administration of the
President who is concerned with the Central Government offices. Similarly, he
said, areas special characteristics such as Cocogyun Township should not be
designated Union territories but they should be placed under the respective
regions or states allowing them to freely manage their affairs.
Regarding the Head of State, the delegate
said the President is national leader as well as the chief of the executive and
he has to carry out heavy responsibilities. He proposed that one Vice-President
should be elected to assist the President.
In conclusion, the Lahu National Development
Party delegate wished all in good health and happiness.
Union Kayin League
[Kayin self-administered areas outside Kayin
State; Ministry of National Races Affairs; Kayin Affairs Council and
Department]
U Saw Than Aung, delegate of the Union Kayin
League, said there was one point which was very important for the Kayin
national race. He said in connection with the fifth basic principle of the
seven principles laid down in the State Structure chapter, the term "with
the exception of Kayin State" should be added to "in regions or states,
self-administered areas are to be prescribed for national races who reside
together...other than national races who have already got regions or
state". He said it was because population of Kayin nationals residing in
Kayin State constitutes only one-fifth of the total Kayin population and the
remaining four-fifths of the Kayin population lives in other regions and states
or in five different locations. He said other national races too are residing
in different locations apart from their own regions or states and proposed that
necessary conditions be added to the fifth principle in order that such
national races may not lose their rights.
He said according to the Work Committee's
instructions, various commissions are to be set up to work out, designate and
carry on with the type and status of the self-administered areas composed of
present districts and townships and those which are not lower in status than
districts; a complicated matter is to be dealt with without fail.
Continuing, the delegate said, all the
delegates had been urged to designate the self-administered areas for the
respective national brethren while the National Convention is in session
without waiting for the introduction of relevant procedures. Then the
nationalities who had been granted self-administered areas would be pleased.
Accordingly, he said, the Union Kayin League proposed to designate such areas
for different population sizes of between some 100,000 to some 500,000 to
fulfil the wishes of national brethren though full data could not be gathered.
Moreover, he said, those nationalities were previously under the respective
regions or states but those areas of self-determination and self-administration
are to make direct contact with the Central Government. This should be taken
care of without harming national unity, he said.
The Union Kayin League proposed that the
following nationalities be given self-administered areas:
(1) Pa-O
(2) Palaung
(3) Danu
(4) Lahu
(5) Akha
(6) Wa
(7) Kokang
(8) Mro or Khami
(9) Naga
(10) Lisu
and other deserving nationalities for whom
self-administered areas should be given according to their wishes and
aspirations.
The delegate said if the population of Kayin
nationals in Kayin State stands at about one million, those living outside
Kayin State will be seven million. The problem with this race has been there
for nearly a century. Kayin nationals, in spite of their special
characteristics, do not have the right to establish self-administered areas in
other regions or states because they have got their own State. To be able to
solve the problem of Kayin nationals once and for all and to help solve other
matters involving the remaining national races, it is proposed that "The
Ministry of National Races Affairs" be created in the Central Government.
In essence, the Ministry will be responsible for solving the problems of
nationalities apart from those who have already got regions, states or
self-administered areas.
It is therefore proposed that it should be
provided in the constitution for the creation of the Ministry of National Races
Affairs under the chapter the State Structure, he said.
He also proposed that it should be provided
in the constitution or stated in relevant chapters to have the right to form a
"Kayin Affairs Council" composed of Kayin representatives of Kayin
State and those of regions and states to be able to collectively solve the
matter of Kayin nationals.
He further proposed that it should also be
provided in the constitution or stated in relevant chapters to have the right
to establish a "Kayin Affairs Department" to be able to take care of
the matter of Kayin nationals with the leadership of the Kayin Affairs Council.
He said a basic principle had been laid down
that the President is to be elected by the electoral college. In connection
with formation and electing the electoral college, he said:
As the President is to be elected in
conformity with the historical trend and political and other conditions of the
nation and with the six objectives of the National Convention, all the Hluttaw
representatives in the Pyidaungsu Hluttaw should be designated as members of
the electoral college formed with three different groups, without separately
electing the electoral college.
He said 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 the Hluttaw elected on the basis of
population, and 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.
In the event of the post of Vice-President
falling vacant when the Pyidaungsu Hluttaw is not in session, the leader of the
Pyidaungsu Hluttaw, after receiving the intimation of the President, is to call
the Phithu [sic] Hluttaw meeting within 21 days and proceed to elect a
Vice-President through the electoral college. This should be laid down in the
basic principle, he said.
Kokang Democracy and Unity Party
[Kokang Self-administered area]
Delegate U Phu Kwai Hsi of the Kokang
Democracy and Unity Party submitted a proposal paper on basic principles to be
framed in the chapters the State, State Structure and the Head of State of the
Constitution to be drawn up.
Concerning State Structure, he said there is
a piece of historical evidence that cannot be set aside to be forgotten about
critical performance of Kokang nationals if it is said under current conditions
and political trends in addition to evident historical facts.
He said he would like to submit to the
National Convention that it will be most appropriate to manage social, economic
and administrative affairs of Kokang nationals by themselves who have stood as
a national race in their region which is significant in terms of geographical
conditions, traditions, religion and customs.
So he proposed to the National Convention for
designation of their region as Shan State (North) Special Region 1 Kokang
Self-Administered Area (division or zone) in conformity with changing
historical trend in the framework of the State Constitution.
Concerning the chapter the Head of State, he
spoke of the basic principles which have been laid down.
Regarding the qualifications of the
President, he proposed four basic principles one of which is:
-- in connection with the election of the
President, it is needed to form the electoral college in conformity with the
nation's history, political and other conditions.
Such organization as the electoral college
must be formed with:
1. elected Hluttaw representatives in the
Hluttaw with equal numbers of representatives elected from regions and states,
2. elected Hluttaw representatives in the
Hluttaw elected on the basis of population, and
3. Tatmadaw member Hluttaw representatives
nominated as such by the Commander-in-Chief of the Defence Services for the
said two Hluttaws.
The system of election is--each of the three
groups is to elect a Vice-President. Vice-Presidents are candidates for the
Presidency. The Pyidaungsu Hluttaw made up of all Hluttaw representatives is to
elect the President from among the three Vice-Presidents by vote. The
Vice-President who obtains the highest number of votes is to be elected the
President of the Union. The one President and two Vice-Presidents must be able
to carry out their tasks and functions skilfully.
If the office of the President or those of
the Vice-Presidents fall vacant for any reason, the Pyidaungsu Hluttaw is to
elect one of the Vice-Presidents to the office of the President of the Union
not to have interruption in respective functions. If the vacancy be that of one
of the Vice-Presidents, the electoral college concerned is to fill the post.
Wa National Development Party
[United Wa State; commissions to determine
self-administered areas]
Proposal paper on chapters the State, State
Structure and Head of State was submitted by Wa National Development Party at
the Plenary Session by U Marcos (a) U Sai Lone.
I am U Marcos (a) U Sai Lone National
Convention delegate of the Wa National Development Party.
I would like to submit a proposal for
prescribing a fundamental principle so that Wa region may be designated as
Pyidaungsu Wa State in accordance with wishes of the Wa nationals and other
nationals residing in the region as shown in the map attached. This should be
done due to changes and improvement in the situations and with new political
and economic outlook and concepts.
It is to be proposed that in view of the changes
taking place and improvements made, the are in which Wa national groups,
members of Wa national groups like Wa Ennin, Palaung, Hsamtauk, Hsamkyin,
Lwelawa and other national groups and citizens reside such as Tangyang
Township, Monghsu Township, the area of Mongton and Monghsat Township from
southern end of Namting Creek to the eastern bank of Thanlwin River, to
coordinate and prescribe and designate in accordance with the State
Constitution the Wa region as Pyidaungsu Wa State.
It is to be suggested that in accordance with
the changes and improvements made by national groups, rights of
self-administration and self-determination should be given in the new
Pyidaungsu states, self-administered divisions and zones. This is being
proposed so that all national races and all citizens shall enjoy equal rights
to shape their own destiny and for the respective national races to participate
and cooperate in bringing about development of their respective regions with
assistance provided by the State.
It is to be proposed that as the divisions
and states will have own Hluttaw and legislative powers, executive powers and
judicial powers, it is to be prescribed that self-administered divisions which
are higher in status than self-administered districts and self-administered
zones should be given the right to exercise the three powers and the right to
make direct contacts with the Central Pyidaungsu Government within the bounds
of law.
It is to be suggested that in prescribing and
forming new states, self-administered divisions, self-administered regions and
self-administered zones in the divisions and states, it will be more
appropriate to form commissions with experts and leaders of the respective
national races, rather than determining right away at the National Convention.
It is to be proposed that the right to shape
our own destiny should be given to the self-administered regions in political,
economic, social, administrative, management and regional development affairs
in accordance with the policies and guidelines to be prescribed by the State
and not through any division or state Hluttaws but by making direct contacts
with the Central Pyidaungsu Government.
A proposal is to be made that no division,
state, self-administered division and self-administered zones be prescribed as
a special Union territory under the direct administration of the President of
the Union by enacting laws without any cause, except when there is external
threat of undermining State sovereignty and independence or when there is
reason for disintegration of national unity or when there arises a situation
which undermines the defence and security of the State, affects enforcing of
the rule of law and order and administration and affects State's economy.
It is to be suggested that a State Government
and State leaders capable of administering and running the State machinery
smoothly and efficiently are to be elected and formed in accordance with law
and procedures. Similarly, a President and a Vice-President should be elected
by the Pyidaungsu Hluttaw as State leaders.
A request is to be made to forgive us if this
proposal paper, compiled by our Wa National Development Party, unintentionally
contains anything which could affect any particular organization or any
individual person and with this I conclude my presentation.
National League for Democracy
The proposal paper on chapters the State,
State Structure and Head of State presented by U Khin Maung (Panglong), U Nyunt
Wai, U Lwin and U Aung Shwe of the National League for Democracy at the Plenary
Session of the National Convention.
U Khin Maung (Panglong)
[Statement on Motherland]
I am U Khin Maung (Panglong).
The present time is such that there should be
no suspicions between one member of the family and another and one national
race and another but it is time to solve the affairs of a family in family
spirit with patience and tolerance and coordinate among themselves. It is
important that the entire nationals should accept things in a satisfactory
manner and fly the banner of friendship and march in unity and harmony towards
the establishment of a new democratic State.
The four points on the Chapter the State
clarified by the Chairman of the National Convention Convening Work Committee
are very good and appropriate. However, if the under-mentioned fact is added
the essence will become more complete and all the national races will gladly
accept it with pleasure.
"Myanmar Naing-Ngan is a motherland
wherein all the national races live together".
The reason for making this suggestion is that
as everybody is aware that Myanmar Naing-Ngan is a country where different
national races live together. All the national races have descended from a
single race and came to the motherland together to settle down. This land is
the motherland, native to all the national races. The perpetuity of the
motherland depends on the unity of all national races. As a token of
recognizing this fact, if it is included in the chapter the State, the slogan
on consolidating national unity will have more impact.
In fact, the Union of Myanmar is a motherland
which is jointly owned by the national races who are members of families.
Hence, there are no reasons for the national races to be divided and to secede.
U Nyunt Wai:
[Commission to determine self-administered
areas; no Union status for Yangon]
I am U Nyunt Wai, Pyithu Hluttaw
representative of National League for Democracy of Toungoo Constituency 2, Bago
Division.
In designating the self-administered areas,
it is necessary to be cautious and take great care so that the country may not
split up into fractions and get into a similar situation as that of Yugoslavia.
Hence, all the national races of the respective regions and the people should
work with the same mind and same desire in full agreement with one another.
As regards the designating of
self-administered divisions or self-administered zones which is to be done
straight away after due consideration rather than the formation of commission,
this will make the national races happy and forge national unity. Although this
aim is good and proper, yet it will not be appropriate to make a decision at
once without obtaining full facts and figures as it is difficult in practice to
determine which national races live in which region and to know the population
and the population density of the regions. Decisions cannot turn out to be
correct if they are made at one sitting.
The prevailing situation in economic and
social affairs and consolidation of national unity if carried out under the
political condition waver then it can undermine national unity. It is to be
regarded that if measures are taken appropriately only after systematic
scrutiny and after all agree and accept, then it will be better. Hence, it is
to be strongly proposed that the State should form a commission and take
appropriate measures.
It is to be suggested that the commission
should be formed with State leaders, leaders of national races of the
respective regions whom the national races accept and those who are experts.
It will be more convenient from the
administrative point of view if Yangon City remains as it is. From the security
point of view also, as it can easily come into contact with the Central when
there are separate arrangements to be made and so it should remain as it is.
As for Cocogyun Township and areas of special
situation, defence and security points of view should be taken into
consideration. Hence, it is to be proposed that such areas should be placed
under the direct administration of the Central.
U Lwin:
[A federal system; Hluttaw representatives
should be elected by the people]
I am U Lwin, Secretary of the National League
for Democracy. I will present matters on the remaining part of the chapter on
State Structure.
It is the attitude of the National League for
Democracy to establish the State under the federal system and bestow the three
powers to different levels of the organs of power.
In connection with the matter of state/
division and self-administered areas, the attitude of the National League for
Democracy is as already mentioned in the proposal paper on basic principles
which has been submitted. "The Democratic State shall be constituted
according to the policy on respecting the democratic rights of the
citizens," and according to the policy on administrative system, the State
shall be based on democratic administrative system.
I would like to make suggestions in
connection with the formation of organs of power in states, divisions and
self-administered areas.
In formation of organs of power (in other
words Hluttaws) in states, divisions and self-administered areas, it shall be
based not only on democratic administrative system, but the electorate
themselves, using their sovereign rights may elect by secret vote the
representatives whom they wish to represent them and give them the mandate.
This is the essence of democracy. Otherwise, it will be like abandoning
democracy and will not amount to genuine democracy. Moreover, it is to be
feared that they themselves will be the cause of disrupting the aim of flourishing
of the multiparty democracy system and neglecting it. That is why, political
scientists Jacobson and Lippman say "the electorate constitutes popular
sovereignty."
Hence, Hluttaw representatives should be
representatives of the people who are elected by the people themselves.
U Aung Shwe:
[Presidency should not require military
experience, or women will be excluded; replace military Hluttaw electoral
college group with elected regional Hluttaw members; secret vote]
I am U Aung Shwe. I will present matters in
connection with the Chapter the Head of State.
I will present matters on the qualifications
of the President.
A person who will take up the duties of a
President must be one who possesss the qualifications according to
clarification made by the Chairman of the National Convention Convening Work
Committee, a person who can achieve success in striving for non-disintegration
of the Union, non-disintegration of national solidarity and perpetuity of
sovereignty and progress and prosperity of the nation and this accepted. It is
also necessary for the President to be a person who can skilfully, effectively
and resolutely manage affairs of the State, political, administrative,
economic, military, etc. It is also true for the President to be loyal to the
State and the people. However, it is necessary to ponder over whether it will
be practical to regard these as qualifications. If only person who possess such
qualification is to be elected there is likelihood of meeting with
difficulties. Then again, if that person must be skilled in military affairs
then the restrictions will become too narrow. If so, then women who were given
equal rights and who took part in tasks on equal footing with men through
generations and through different historical eras will be denied the right to
stand for Presidents. This is because the qualifications include military
skills. If the person possesses all the qualifications prescribed for a
President then he or she has the right to stand for it. Mankind is born free.
It should not be included in the
qualification but guidance should be given to electoral college which will
practically select candidates who comply with the qualifications as far as
possible when the time comes to elect a President and this will be more
appropriate and more practical.
As regards the clarification made by the Work
Committee Chairman for the President to be also in conformity with the six
objectives of the National Convention, the National League for Democracy will
make suggestions objectively by taking into consideration the affairs of the
State and citizens, flourishing of multiparty democratic system, democratic
practises, flourishing of worldly values, national unity, etc.
Then again, in the clarification made by the
Work Committee Chairman, it is mentioned that "...without separately
electing the electoral college, all representatives in Pyidaungsu Hluttaw
should be designated as members of the electoral college and organized into
three groups". The Pyidaungsu Hluttaw has the mandate bestowed upon it by
the people themselves and thus, it amounts to the people electing the President
and bestowing power on him. It will also be the same as the sovereign power of
the State handed down by the people and which remains in the entire country.
In order that the sovereign powers of the
people be used in electing the President and for all the national races to take
part on a nation wide scale and also to be within the bounds of democracy and
based on the above-mentioned principles, group 1 should be formed with elected
Hluttaw representatives in the Hluttaw with equal number of representatives
elected from divisions and states, group 2 should be formed with elected
Hluttaw representatives in the Hluttaw elected on the basis of population and
group 3 should be formed with the Hluttaw representatives of the Hluttaws of
states, divisions and self-administered areas elected by the people of the
respective areas. There should be only one Hluttaw each in states and
divisions. The National League for Democracy has taken into consideration the
six objectives of the National Convention.
After that, each group must nominate a
presidential candidate from among the Hluttaw representatives or an outsider
and the qualifications of these candidates must be scrutinized by a
presidential candidate scrutiny body formed with leaders of the Pyidaungsu
Hluttaw to see whether they conform with the qualifications required by a
president. If the candidates selected do not conform with the required
qualifications, then the candidacy shall be cancelled and another candidate
nominated. Once candidates are approved then the Pyidaungsu Hluttaw should
elect a person of choice as President by secret vote. The person who gets the
second highest votes will be the Vice-President.
Hence, it is to be seriously proposed to work
without losing sight of the aspiration of the entire people and in accordance
with the objectives of the National Convention for the genuine multiparty
democracy system to flourish and further burgeoning the noblest and worthiest
of worldly values namely justice, liberty and equality in the State. With this
I conclude my presentation. (NLM 3/30)
Mar. 30 [full text]: The following is a
translation of salient points from proposal papers n fundamental principles to
form base in the chapters the State, State Structure and Head of State
submitted by Hluttaw Representatives-elect delegates group to the plenary
session of the National Convention today.
Shan Nationalities League for Democracy
Delegate U Sai Soe Nyunt submitted a proposal
paper compiled by Shan Nationalities League for Democracy on basic principles
suitable to be included in the chapters the State, State Structure and the Head
of State of the Constitution to be drawn up.
U Sai Soe Nyunt:
[Revised administrative division; only one
Bamar state; call for Tai-lai self-administered division; no legislatures for
self-administered areas; executive should be parliamentary, with figurehead
Presidency; direct election of President]
He said Shan NLD proposed to the National
Convention Plenary Session on 13 August 1993 a basic principle --
"This nation is a nation constituted
with the Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan national
states of equal status and authority." In other words, the Union is to be
constituted with the eight states. So, the basic principle the Work Committee
Chairman clarified, "The existing seven divisions are designated seven
regions and the existing seven states are designated seven states. Those seven
regions and states are of equal status and authority" is found to be of
different opinion from the party's.
Some expressions the party wishes to change
in conformity with the present time are:
1. National state instead of Union state
2. Autonomous region instead of
self-administered state
3. National area instead of national state.
He said constituent units of the Union are to
be organized into above three groups.
Concerning the distribution of power, he
said:
1. Political autonomy shall be granted to
Union states. However, the states are not allowed to exercise sovereign power.
2. Administrative autonomy shall be granted
to autonomous regions.
3. Cultural autonomy shall be granted to
national areas.
Speaking of the Panglong Agreement, he put
forward three points of which the party discussed two points -- first,
integration of mainland with hill regions in equal rights and status and
second, full political autonomy given to states.
The two points, he said, should not be
excluded for they constitute heart and soul of the Union and hardcore and
essence of Panglong spirit. So, he said, whenever the Union is spoken of, it
has become necessary to constantly make assessment based on the norm of
Panglong spirit.
He said the Panglong Agreement was signed by
Chin, Kachin, Shan, and the Government of Myanmar, for which Bogyoke Aung San
represented, each as a unit.
In the constitution of the two Hluttaws in
the essence of having mutual check and balance, it is necessary to organize the
seven regions into the state of Bamar nationals. Only then, will the two
Hluttaws have mutual check and balance and will the kind of law acceptable to
all as beneficial to the State be enacted, he said.
In connection with designation of
self-administered areas, he said some national races may be granted
self-administered areas and some may not and especially, some national races,
having their own histories, identities, literatures, cultures and languages,
might have been neglected, designation of self-administered areas may not be a
good sign for the Union.
He said it is certainly to be alleged that
divide-and-rule tactic was practised by the British imperialists and
separate-and-rule tactic is practised in this era. So, he suggested that
self-administered areas be designated fair and square in accord with a common
basic norm.
He said care is to be taken in drawing up the
Constitution so that it might not come to the same condition of overlooking the
affairs of some national races for three times -- in the 1947 and 1974
Constitutions and the present. Affairs of some national races have also to be
taken into consideration so that there may not be neglect despite proposals
submitted. Such national races, he said, are of Tai-lai stock such as Tai-lai,
Tai-nei, Tai-mawn, Tai-Hsa, Tai-hkamti, Tai-kadu, Tai-kanan, Tai-hkum, etc.
The Tai-lai national races are at present
under a condition of being lost as anonymous ones being recognized as
non-Kachins. Similarly, they, inhabiting areas along railways linking Sagaing
Division and Kachin State commonly known as a Shan-Bamar race, are in danger of
losing their original name Tai-lai. Wherever they reside, they are Tai-lai
nationals.
So, it is important that the affairs of
Tai-lai and Tai stock nationals, who have been in a state of negligence for not
less than 40 years, should not be overlooked at this time of drawing up a new
Constitution. They are not only qualified with characteristics for obtaining
the status of a Union state but are loyal to and have constantly defended the
Union. So, Tai-lai nationals should be given first priority in consideration of
granting self-administered areas.
If the Tai-lai self-administered division be
designated, the areas to be organized into it are plains in the townships in
Bhamo District -- Bhamo, Momauk, Mansi, and Shwegu, plains in the townships in
Myitkyina District -- Myitkyina, Waingmaw, Mogaung, Mohnyin, Kamaing, Mainghkum
or Tanai, the Wuntho Sawbwa areas -- Katha, Inndaw, Htigyaint, Banmauk, Kawlin,
Wuntho and Pinlebu Townships in Katha District and Kalay, Phaungbyin, Tamu,
Kalaywa, Mawlaik and Meinkang regions in Kalay District and the Sinkalein and
Khamti Sawbwas' areas -- Khamti, Homalin and Namyun regions in Khamti District.
So, it is needed in this respect to form a
commission with righteous, impartial persons as members and to ascertain wishes
of the people in the region concerned to find out their common desire and only
then, will the self-administered areas be properly designated.
Concerning legislature, he said if the
self-administered division is to exercise legislative power, a legislative
Hluttaw has to be constituted for the legislative power can be wielded by the
legislative Hluttaw. Then, many legislative Hluttaws will emerge and this will
not conform to the basic principle laid down by the Work Committee Chairman in
Para 7(c) "There will be a Region Hluttaw in each of the seven regions and
a State Hluttaw in each of the seven States". So, he proposed that
legislative power should not be given to self-administered areas.
Regarding the chapter the Head of State, he
said the party agrees to the basic principle "The Head of State is the
President of the Union". The party is of different opinion as to how the
President will be vested with powers. He said the party wishes for the
President to be as a figure head as in the 1947 Constitution and the government
is to be formed with the Premier as the head under the parliamentary executive
system.
He said that if the presidential executive
system be regarded as most appropriate under conditions in the country, the
President should be elected direct by the public as in the United States and
the Philippines.
Regarding the qualifications of the
President, the party proposed that a basic principle to be laid down as "A
person standing for election to the Presidency of the Union shall be a citizen
of Myanmar both of whose parents belong to any of the nationalities of Myanmar
and is qualified for the election if the person is within the prescribed age
limit."
Submitting the opinion of Shan Nationalities
League for Democracy, he said the party seriously believes that members of the
organs of power which will administer the public affairs should be persons who
have been elected by vote of the people themselves in accord with their wishes.
National Unity Party
Delegate U Thein Tun submitted a proposal
paper compiled by National Unity Party on basic principles suitable to be
included in the chapters the State, State Structure and the Head of State in
the Constitution to be drawn up.
U Thein Tun:
[Definitions; five groups should get
self-administered areas; Union territory status for Yangon, etc.; Presidential
financial statements]
In connection with the chapter the State, the
party proposed the following basic principles be laid down --
(a) Myanmar Naing-Ngan is a sovereign,
independent democratic republic.
(b) The State shall be known as Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw.
(c) The Pyidaungsu Thamada Myanmar
Naing-Ngan-Daw is a State wherein various national races of equal rights and
status reside together in perpetual unity.
(d) National sovereignty is derived from the
citizens and shall reside in the entire State.
(e) All powers, legislative, executive and
judicial, are derived from the people and are exercisable on their behalf in
accordance with law by organs of the State constituted and authorized under
this Constitution. Public service establishments or individual public servants
to whom the powers are transmitted shall exercise these powers in accordance
with law.
(f) The territory of the Pyidaungsu Thamada
Myanmar Naing-Ngan-Daw shall be the land, sea and airspace which constitute its
territory on the day this Constitution is adopted.
Concerning the chapter State Structure, he
proposed the following characteristics which a national race should possess for
being granted a self-administered area --
1. For being granted a self-administered
division, a national race should
(aa) be a national race which has not got a
region or state,
(bb) have an appropriate size of population,
(cc) reside together in a community on the
same stretch of land,
(dd) have an inhabited area which must not
only include already recognized townships but must be an areas where at least
two districts can be formed.
2. For being granted a self-administered
zone, a national race should
(aa) be a national race which has not got a
region or state,
(bb) have an appropriate size of population,
(cc) reside together in a community on the
same stretch of land,
(dd) have an inhabited areas which is not as
wide as to be designated as a self-administered division.
Concerning the matter, he said precise,
correct decision on the designation of the self-administered areas will be
reached only when the wishes of the various national races and delegates groups
attending the National Convention are taken into overall consideration and
submitted the following national races suitable to be so granted:
(a) Wa nationals, the population of which in
Shan State is more than 90,000, reside on the same stretch of land in Panlon,
Panwaing, Maingmaw, Manpant, Narphant and Panyang Townships. It is learnt that
there were in former times southern Wa region and northern Wa region.
(b) Kokang nationals, the population of which
in Shan State is more than 70,000, reside in a community in Konkyang,
Chinshwehaw and Tarshwehtan regions which are contiguous to each other.
(c) Pa-O nationals, the population of which
in Shan State is more than 450,000, reside on the same stretch of land in a
community in Hopong, Hsiseng and Pinlaung Townships.
(d) Palaung nationals, the population of
which in Shan State is more than 300,000, and reside on the same stretch of
land in a community in Namhsan Township and Palaung hills in its contiguity.
(e) Naga nationals, the population of which
in Sagaing Division is more than 70,000, reside in the same stretch of land in
a community in Namyun, Lahe and Leshi Townships.
He proposed to lay down as a basic principle
that Yangon, if it is designated as the State Capital, should be designated a
Union territory under direct administration of the President of the Union and
not under control of Yangon Region.
He said the State Capital is the territory
which is concerned with the entire Union, and so he further proposed a basic
principle to be laid down that such a Union territory should be placed under
direct administration of the President of the Union who is the Head of State as
well as the national leader of the entire nationals and Yangon City Law should
be enacted so as to be able to implement plans necessary for the capital to
have fitting characteristics.
He expressed the party's support for the
basic principle that areas having special situations in connection with
defence, security, administration and economy of the whole Union and for which
intensive, effective measures should be carried out with the whole strength of
the Union for the welfare of the whole Union should be prescribed as Union
territories under direct administration of the President, enacting laws if
necessary in future.
He said it is believed that prescribing a
Union territory after enacting laws is to be made as necessary only when it is
actually needed. Such a prescription can be under an emergency state or in
accord with a long-term aim, and it can also be both a provisional period and
of permanent nature. He said the party is of the opinion that a Union territory
should be prescribed under prevailing conditions and in a limited period.
He expressed the party's support for
procedures in presidential election included in the clarifications of the Work
Committee Chairman and further put forward basic principles to be laid down as
follows --
-- The President or the Vice-Presidents,
unless disqualified, shall have after the first term the right to stand for the
election for the second term.
-- The President and the Vice-Presidents
shall not accept any other position with emoluments and allowances and shall
not be involved nominally or by contributing shares in any local or foreign
economic organization or economic undertaking.
-- The President or the Vice-Presidents
should complete once a year lists of assets namely, family-owned land, houses,
buildings, 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. Lists thus sent are to be included in the State Gazette for
public information.
In conclusion, he said the party will
continue to stand on the basis of magnanimity and mutual trust and respect for
the success of the National Convention, for displaying the spirit of
coordination and cooperation and for achieving common desire.
Papers of Representatives-elect Group
Union Pa-O National Organization
U San Hla, representative-elect of the Pa-O
National Organization and delegate of the representatives-elect delegates
group, submitted his proposal paper on the chapters the State, State Structure
and Head of State.
U San Hla:
[Wants Pa-O self-administered division; Union
territory status for Yangon, etc.; qualifications of President]
He said:
In observing the world's political situation
today it is found that the check and balance of the world's political powers
has disappeared. Under the circumstances, powerful nations are in an
advantageous position to impose political, military and economic restrictions
on the weak nations. At present, major nations are found to be attempting to do
so. And as far as the world's political situation is concerned there have been
rapid changes on a day-to-day basis. At this juncture, we will have to try to
become a nation which is firm and united, able to stand on its own feet and
keep free from restrictions and constraints imposed by powerful nations. Hence,
Myanmar should be constituted as a Pyidaungsu to ensure unity and strength in
accordance with the rapid changes in the world's political conditions.
In connection with the Pa-O nationals, he
said Pa-O nationals are of Kayin group descended from Tibeto-Myanmar sub-stock.
From the plains of Mongolian highlands, they came along the Mekong River and
the Shweli River through Kyukok Pass of Kutkai Hills in China. They crossed the
Lashio Mountain Range and finally settled in Taunggyi and Loilem districts.
The dialect is one of the characteristics of
a race. The Pa-O dialect is different as it is included in the Kayin
sub-region. Unlike Myanmar language, Pa-O dialect has eight kinds of sound.
Like many other national races residing in
Myanmar, Pa-O nationals have their own literature. They profess Therevada
Buddhism and Buddhist literature has flourished. Pa-O nationals, therefore,
have existed as a national race since ancient time with Buddhism as its
religion and with its own literature.
Dialect, literature, mode of dress, religious
faith, music and art and customs all constitute culture. Pa-O nationals profess
Buddhism and Pa-O culture is based firmly on Buddhist culture.
Population of Pa-O nationals is more than
that of certain States. They live close together in communities in the same
area of land in Taunggyi and Loilem districts. And they have appropriate size
of population thereby meeting the requirements. It is therefore proposed that a
self-administered division should be designated for Pa-O nationals and similar
measures taken for fellow national brethren who reside in other regions and
states meeting the requirements.
Regarding the matter of placing the national
capital under direct administration of the President, he said;
There exist numerous significant conditions
in the capital Yangon such as dense population, existence of a large number of
economic enterprises and embassies of the United Nations member nations, active
inflow and outflow of foreigners and possibility in the outbreaks of riots and
disturbances. It is proposed, therefore, that Yangon, the capital, be
designated as Union territory and placed under direct administration of the
President in order that different situations may be dealt with promptly and
easily.
It will also be suitable to prescribe areas
of significant conditions in the Union of Myanmar like Cocogyun Township as
Union territories and place them under direct administration of the President.
It is also proposed that relevant laws should be promulgated for areas of
significance in national defence and security, administration and economy as
may be necessary in future and they should be placed under direct
administration of the President and designated as Union territories.
The President is an elected ruler or a
constitutionally elected chief. Today, nations in the world have monarchs or
presidents as their heads of State. In some nations, however, the President is
elected honorary Head of State and in others the President is to serve as the
honorary Head of State and the Chief Executive. In the two previous constitutions
of the Union of Myanmar, the President was only the honorary Head of State. It
is now to take into account whether the President in the new constitution is a
symbolic Head of State or the Chief Executive with full powers. A study of
Myanmar history will show that only the Prime Minister was given full executive
powers. As the Prime Minister was responsible to the Hluttaw, he had to rely on
the wishes of the majority of representatives in the Hluttaw. The Prime
Minister was in no position to go against the wishes of the Hluttaw
representatives to work for the progress of the nation; he had to compromise
with other parties to form a government if his party was weak and he then found
it difficult to carry on important tasks of the State; and he was liable to
lose his job very often because of the rights of the Hluttaw representatives to
tender no-confidence motions, thereby resulting in frequent government changes
and political instability. The Prime Minister had many weak points as he had to
make compromises to ensure his party's victory and winning more votes.
The delegate also proposed that the President
should be a person who had been residing continuously in the country for at
least 20 years up to the time of the election. He said that the President who
has to serve as the Head of State and national leader should be especially
loyal to the State and citizens. Moreover, family members of the President
should also be loyal to the State and citizens, he said.
In connection with electing the President, he
said:
The nations of the world apply one of the two
systems to elect the President -- direct election by the public and election
through the electoral college. As the National Convention has already laid down
the basic principle that the President should be elected by the electoral
college, it is proposed that the President should be elected by the electoral
college.
It is found that the electoral college is
formed in accordance with the historical trend of the nation concerned, and
with political and other considerations. Considering the political conditions
of the country at present, all the Hluttaw representatives should be designated
as members of the electoral college instead of applying the method of direct
election.
There should be three groups -- group-1 must
be formed with elected Hluttaw representatives in the Hluttaw with equal
numbers of representatives elected from regions and states, group-2 with
elected Hluttaw representative from the Hluttaw elected on the basis of
population, and group-3 with Tatmadaw members Hluttaw representatives nominated
as such by the Commander-in-Chief of the Defence Services for the said two
Hluttaws.
The delegate said the proposal of the Union
Pa-O National Organization would not be complete and there would be loopholes
and weaknesses. He said he hoped other delegate groups would discuss better and
finer points more comprehensively.
Hluttaw representatives-elect delegates
A proposal paper compiled by delegate U Yan
Kyin Maw of Kamlon, of Shan State Kokang Democratic Party, and independent
Hluttaw representatives-elect Dr. Hmu Thang of Thangtlan, Chin State, and U
Htaung Kho Thang, of Tamu Township, Sagaing Division, on chapters the State,
State Structure and Head of State was submitted by two of them U Htaung Kho
Thang and Dr. Hmu Thang
U Htaung Kho Thang and Dr. Hmu Thang
[Should be 14 States; self-administered areas
for nationals living outside their states; Union territory status for Yangon
City, with elected executive; President need not be called "national
leader" nor have 20 years residence; women should be practically eligible
for Presidency; rotation of national groups in leadership]
I will present matters briefly in connection
with the Chapter the State.
It is noted that the persons who drafted the
Constitution of the United States of America kept in their minds four points
which are as follows:--
(1) for the people to own the sovereign
powers of the State;
(2) full equal rights for all the citizens;
(3) to protect against wrestling of power by
the administrative body through unlawful means and misuse of power;
(4) to protect the rights of the states
against interference by the Central Federal Government.
It is necessary to bear in mind these four
points in writing the Constitution of the State.
In a democratic State which we are going to
establish, it is necessary to prescribe basic principles preventing unlawful
influence as regards race and religion. It is also necessary to give serious
consideration to majority rule and minority rights which is a democratic
essence. Politics and religions should also be completely separated and
prescribed. Religions is a matter for the future and it is vital that politics
should not be mingled in the least with religious matters. It should be
explicitly prescribed to forbid religious hatred, turning religious matters
into political form and to make use of its to serve one's own interest.
According to the clarification made by the Chairman
of the Work Committee basic principles laid down for the existing seven
divisions to be designated as seven regions and seven divisions [sic] as seven
states and they are of equal status and it is feared that there will be
difference of attitudes such as mainland attitude and state attitude. If the
states and divisions are called Kachin State, Kayah State, Kayin State, Chin
State, Sagaing State, Tanintharyi State, Bago State, Magway State, Mandalay
State, Mon State, Rakhine State, Yangon State, Shan State, and Ayeyarwady
State, then there will no longer be the mainland and state attitudes left and
this will help to strengthen national unity and our group humbly believes this.
Hence it is to be suggested that the division name should not be kept but all
states and division should be known as states.
All national races have been known to have
fought against the colonialists in a scattered form. By taking into
consideration their historical background and as they have the same culture and
historical traditions, and considerable numbers of populations who reside
together on the same common stretches of land in communities and if they wish
to live in a particular area as members of Pyidaungsu of a separate region,
self-administered divisions or self-administered zones should be prescribed for
them.
Hence it is necessary to prescribe
self-administered areas for Kokang, Danu, Pa-O, Palaung, Bamar and Wa nations
who live in Shan State; for Chin, Kuki Chin and Naga Chin nationals who live in
Sagaing Division and for Asho Chin and Mro nationals who live in Magway
Division and Rakhine State. Similarly, the same should be done for other
national groups residing in other states and divisions. Hence, the wordings
"Other than the national races who have already got regions or
states", should not be included but instead "Other national races who
are different from those living in the states and divisions" should be
included and if this is to be taken into consideration it will be more
appropriate.
After agreeing on the policy for designating
self-administered areas, a commission should be formed and assigned duties to
study and find out facts. These commissions are to submit reports on their
findings and appraisals and the Hluttaw is to act based on the report filed and
this is the best method.
The capital of Union of Myanmar is also the
capital of all the national races residing in the Union of Myanmar and so also
the capital of all the states and not the capital of Yangon State only.
Therefore, it should not be under the administration of Yangon State, or under
the direct administration of the President. The Yangon capital should be
constituted with Sangyoung, Bahan, Kyimyindine, Hline, Insein, Mingaladon,
Dawbon, Yankin, Tarmway, Tharketa, Thingangyun, South Okkalapa, North Okkalapa,
Mayangon, Ahlon, Pazundaung, Kyauktada, Mingala Taungnyunt, Dagon, Lanmadaw,
Pabedan, Botahtaung, Latha, Seikkan and Kamaryut Townships and should be under
the administration of the City Administrative Officer who is to be elected by
the people residing in these townships and designated as the Union territory.
If the Union of Myanmar is to practise the
presidential executive system, then the President will be the Head of State and
Head of the executive body.
It is to be humbly stated that a basic
principle should not be laid down recognizing the President as the national
leader of all the national races. The reason is because this title should not
be given to anyone who becomes a president. A national leader is one who makes
bold sacrifices for the sake of the country and the people even at the cost of
his own life. This makes it possible for the entire people to automatically
recognize him as a national hero and honour him with the title of national
leader.
Similarly, we believe that it is not appropriate
to lay down a basic principle "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". At present mass communications can be
made between one place and another in no time. Therefore, in order to know
about the political, administrative, economic, social and national affairs of
Myanmar Naing-Ngan, a person need not stay in the country for years to know
about them. The only essential thing is for that person to be loyal to the
state and the people, to be patriotic and based on placing goodwill towards the
State.
Moreover, if we study the situation in the
world today, women are coming up abreast with the men and in some countries it
is seen that the state leaders are women. If the qualification for President is
prescribed beforehand as mentioned above, it will amount to stopping the rights
of over 20 million Myanmar women. It can cause the Myanmar women to never take
part in national politics as long as the world exists or as long as Myanmar
Naing-Ngan exists. Moreover, by prescribing the qualifications in advance, then
all service personnel including the Tatmadawmen, intelligentsia and
technocrats, peasants and the workers will be denied their rights.
I would like to present briefly as regards
the election of Vice President or Presidential candidate. Our Union of Myanmar
is constituted with Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan
nationals based on freedom, equality and equal rights. Therefore, as a mark of
showing that all live together on equal basis, a system should be practised in
which a presidential candidate or vice-president is to be nominated in turn
from among the Kachins, Kayahs, Kayins, Chins, Bamars, Mons, Rakhines, and
Shans who are elected Hluttaw representatives in the Hluttaw with equal number
of representatives elected from among regions and states. Then only will it
amount to the national races living together on equal basis.
Mro or Khami National Solidarity Organization
[self-administered division for Mro/Khami and
11 other ethnic groups]
A proposal paper compiled by Mro or Khami
National Solidarity Organization was put on record as U San Tha Aung, Hluttaw
representative of Kyauktaw Township Constituency-2 in Rakhine State, the
delegate who was to have submitted the paper was acting as a member of the
alternate panel of chairmen during the National Plenary session today.
Salient points from the paper are as follows:
Union of Myanmar is a country where various
national races live together. Therefore, it is to be proposed that the wordings
"Republic of the Union of a Myanmar is a State wherein the various
national races live together," should be added to the Chapter the State.
It is realized that in prescribing
self-administered divisions or self-administered zones for national races in
addition to national races who have got their own regions or states, it should
not be based on size of population and area of land of those nationals. The
size of population and area of land should not be taken as the basic factor,
but to study, review and recognize the historical trend of the national races
who had lived in the country since ancient times and the history of their
struggle for independence and to base on the prevailing situation and then
prescribe self-administered areas.
The national races who have the right to get
self-administered divisions are:--
(1) Wa national group
(2) Pa-O national group
(3) Palaung national group
(4) Mro (or) Khami national group
(5) Kokang national group
(6) Lahu national group
(7) Naga national group
(8) Rawan national group
(9) Kayan national group
(10) Akar national group
(11) Lisu national group
(12) Danu national group
We, Mro or Khami nationals live in the
townships in northern Rakhine State such as Pauktaw, Ponnagyun, Mrauk-Oo,
Buthidaung, Maungtaw, Rathedaung and Kyauktaw and in Paletwa Township in
southern Chin State. We have lived together in a continuous stretch of land in
communities and our population is about 150,000.
Hence, we Mro or Khami nationals wish to stay
in continuous stretch of land together in communities like in ancient times as
such a time as this when there is opportunity to do so. Therefore, we would
like to make a request to prescribe some townships in northern Rakhine State and
Paletwa Township as Self-Administered Division for Mro or Khami nationals.
The Chairman of the National Convention
Convening Work Committee clarified that instead of forming a commission by the
State to determine which areas and which regions should be designated, it will
be more convenient if the National Convention delegates coordinate and
prescribe at once and the national races will be very pleased and happy about
it and in turn strengthen national solidarity. It is to be mentioned that if
measures are taken according to what Work Committee Chairman U Aung Toe has
clarified, then all the nationals will get the areas which they are entitled to
expeditiously and they will be very pleased about it and will also strengthen
national unity and therefore, it is very appropriate.
It is to be proposed that the electoral
college should not be elected separately but all representatives in the
Pyidaungsu Hluttaw should be designated as members of the 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 the Hluttaw elected on the basis of population and 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.
It is to be proposed that in electing the
President, the Pyidaungsu Hluttaw should nominate three Vice-Presidents and
elect by vote and the Vice-President who gets the highest number of votes is
elected the President of the State. (NLM 3/31)