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. 4, April 1994
NATIONAL
CONVENTION
National Convention Proceedings
Papers from Representatives-elect
Clarifications
Clarification by U Aung Toe
Final Compilation of Principles
Closing Speech by Lt-Gen. Myo Nyunt
NATIONAL CONVENTION
National
Convention Proceedings
Mar. 31: The Plenary Session continued, with
654 of 694 delegates present. Proposal papers were presented by members of the
Representatives-elect Delegates Group, representing the National League for
Democracy, Shan Nationalities League for Democracy, three independent Hluttaw
representatives-elect [see full texts below]. The Alternate Chairman then
"clarified future tasks," noting that 53 proposal papers dealing with
the chapters the State, State Structure, and Head of State had been presented
from Mar. 23-25 and Mar. 28-31. The Panel of Chairmen will "scrutinize and
compile their suggestions" and "present clarification for easily
understanding by all delegates." This clarification will be made on April
5, and the delegates will be informed when the Plenary Session will resume.
(NLM 4/1)
Apr. 1: The Panel of Chairmen scrutinized the
proposal papers submitted by delegate groups on the three chapters the State,
State Structure and Head of State. (NLM 4/2)
Apr. 2: Scrutinization of proposal papers
continued. (NLM 4/3)
Apr. 3: The Plenary Session will reconvene on
Apr. 5. (NLM 4/4)
Apr. 4: Minister for Progress of Border Areas
and National Races and Development Affairs Lt-Gen. Maung Thint, who is
Vice-Chairman of the National Convention Convening Commission, met with the
following "leaders of national groups": U Lu Kwe Shee of Special
Region 1; U Aung Myint of Special Region 2; U Sai Nong of Special Region 3; U
Sai Lin of Special Region 4; U Mahtu Naw of Special Region 5; U Aung Kham Hti
of Special Region 6; U Ai Mong of Special Region 7; U Mangkyi Zawng Khawng of
Kachin Special Region 1, and U Gabriel Byan of Kayan Organization.
Scrutinization of proposal papers concluded. (NLM 4/5)
Apr. 5: The Plenary Session reconvened, with
645 of 693 delegates present. Members of the Panel Chairmen "appraised and
clarified" on proposal papers [see texts below]. Note was taken of the
death of Bago Division Divisional Judge U Khin Soe of the intelligentsia and
intellectuals delegates group on Apr. 4 in
Apr. 6: The Plenary Session met, with 648 of
693 delegates present, and heard further clarifications from the Panel of
Chairmen [see below]. (NLM 4/7)
Apr. 7: The Plenary session met, with 641 of
693 delegates present, to hear further clarifications from the Panel of
Chairmen [see below]. (NLM 4/8)
Apr. 8: The Plenary session met, with 643 of
693 delegates present, to hear further clarifications from the Panel of
Chairmen [see below]. (NLM 4/9)
Apr. 9: The Plenary session, met, with 643 of
693 delegates present, to hear an extended "clarification" of what
had been decided by Chairman of the Working Committee U Aung Toe [full text
below], and a concluding address by Chairman of the Convening Commission
Lt-Gen. Myo Nyunt [full text below]. The National Convention was then adjourned
to
Papers from Representatives-elect
Mar. 31 [full text, as presented in NLM]: 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 Hluttaw representatives-elect delegates group to
the plenary session of the National Convention today.
Representatives-elect of NLD
Dr. Thein Lwin, representative-elect of the
National League for Democracy and delegate of the representatives-elect group,
submitted the proposal paper on the chapters the State, State Structure and
Head of State.
Dr. Thein Lwin:
[Definitions]
Regarding the chapter the State, he quoted
Scientist Strong as stating: "A State is a society politically organized
(and) a society may be defined as an association of human beings. The State
exists for the society and not society for the State."
He also quoted Professor MacIver who said:
"A State is the fundamental association for the maintenance and
development of social order, and to this end its central institution is endowed
with the united power of the community...".
According to Woodrow Wilson, "A State is
a people organized for law within a definite territory", he said.
He also quoted Joshi, scholar in political
science, as saying: "A State is a politically organized independent
community occupying a certain territory. Internally its authority is supreme
and externally it owes obedience to nobody."
The term "externally it owes obedience
to nobody", is worthy of note, he said. These points are presented to
describe the requirements in detail to become a State.
As regards the use of the term "
U Tun Aung (a) U Tun Tun Hein:
[Definitions]
U Tun Aung (a) U Tun Tun Hein,
representative-elect of the NLD of the representatives-elect delegates group,
submitted the paper dealing with the
He said: In drafting a constitution, a nation
concerned has to observe and evaluate, in minute detail, pleasant and bitter
experiences of the nation up to the time of drafting the constitution, present
political, economic and social conditions, and the wishes, aspirations and the
needs of the people.
I then quoted constitution expert Wheare as
writing: "A constitution is the resultant of a parallelogram of forces --
political, economic and social which operate at the time of its adoption."
According to an expert in political science,
"...To call a state a democratic state if the effective power in it is
ultimately in the hands of its people...", he said.
Furthermore, he also quoted the expert as
saying: "Democracy is more conducive to the enrichment of individual human
personality, that ensures the higher measure of human dignity...".
The delegate cautioned that care must be
taken to avoid disintegration into pieces as in the case of
U Saw Oo Reh:
[Definitions]
U Saw Oo Reh, representative-elect of the NLD
of the representatives-elect delegates group, continued to discuss the
He said: It will be objective method and in
accordance with the democratic practices for the people to elect the executives
of the nation freely and fairly.
He quoted a similar view of an expert in
political science Arend Liphart: "...Divided societies...need peaceful
coexistence among the contending ethnic groups. This requires conciliation and
compromise, goals that in turn require the greatest possible inclusion of
representatives of these groups in the decision-making process..."
He also quoted another expert as saying:
"Everyone wants to participate in decisions that affect them, fewer and
fewer people will accept decision dictated by someone else."
The delegate then cited the world's positive
developments including direct negotiations among the warring factions such as
three ethnic groups of Bosnia-Herzegovina, those of
He then presented the remarks of the world
leaders. He quoted British Prime Minister John Major as saying: "It is a
victory for realism over extremism, for common sense over confrontation... Set
an example in search of solutions to the most intractable conflicts..."
He then quoted former Prime Minister of
Singapore Lee Kuan Yew as saying: "...The lesson is that there are no
external hostilities..."
He also quoted Mexican President Mr. Carlos
Salinas de Gortari as saying: "The will for peace and harmony overcomes
even the oldest rivalries and conflicts. The fact that two people, separated
for generations by an intense conflict and by the intense passions of
diversity, can sit down to negotiate and successfully work out their
disagreements in a civilized manner is without doubt a lesson for the rest of
the world..."
The delegate said they were engaged in
negotiations for attaining peace and for the progress and development of the
nation and the people. In our nation too, he said, the government is holding
talks with armed groups of the jungles in search of solutions for the nation's
welfare. These are favourable conditions for internal peace. This is a practice
of the world nations to solve internal or external problems through
face-to-face negotiations. There is no other way to find a correct solution, he
said.
He said the main foundation of democracy is
the right to manage own affairs. In other words, he said, it is assigning of
duty to the government of the people elected by the people.
He then quoted President Suharto of
He quoted Joshi, an expert in political
science, as saying: "To announce that democracy begins tomorrow is
meaningless, if no attempt, however slight, is made today to bring it into
being."
He quoted political analysts Jacobson and
Lippman as saying that the electorate constitutes political sovereignty.
U Hla Min:
[One Vice-President enough]
U Hla Min, representative-elect of the NLD of
the representatives-elect delegates group, next presented the paper on the
State President.
He said: One Vice-President will be enough
for
Election of a President by electoral college,
he said, will amount to election by people who have been authorized to do so on
behalf of the people. It will be in accordance with democratic practices. The
President elected and assigned by the Hluttaw has to take the oath of office
before the Hluttaw, faces impeachment by the Hluttaw, has to prepare a list of
his possessions with value stated and submit it to the leader of the Pyidaungsu
Hluttaw. He has to work in contact with the Pyidaungsu Hluttaw in attending to
these matters. This is most appropriate and shows he is responsible to the
Pyidaungsu Hluttaw.
The delegate said the NLD would like to note
that the people of
He then singled out the main points namely,
the nation's politics is to ensure its perpetuity and develop its economy,
education, technology and so on; the nation's economy is to bring about
equitable development; and to ensure social development of the nation and
competence.
He emphasized that unity of the entire nation
is indispensable for national development. At the same time there should be
political stability, internal peace, the rule of law, advancement with added
momentum based on economic stability and firm foundation, people's observance
of discipline and performance of duties in unity. Above all, worldly and
democratic values must flourish, he said.
Moreover, he said, it should be in accordance
with the following: "Government is the sacred trust of the people, the
authority for which is derived from the people, the powers of which are
exercised by the representatives of the people. This is a universal principle
of mankind..."
Finally, the delegate proposed that it should
be in accordance with the wishes and aspirations of the entire national people
and that all should not lose sight of points calling for flourishing of the
genuine multiparty democracy and the worldly values such as justice, liberty
and equality as contained in the objectives of the National Convention.
Representatives-elect of Shan NLD
[Self-administered areas scheme opposed; only
one Vice-President; direct elections; eight state federal system]
U Sai Aung Hsi (a) U Nelson and U Sai Hpa (a)
U Hla Pe, representatives-elect of the Shan Nationalities League for Democracy
of the representatives-elect delegates group next presented the paper dealing
with the State Structure. He said the basic principle in paragraph 5 namely, 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, is not in agreement with the proposal of the party.
He then discussed the matter as follows:
(a) In connection with the term "other
than national races who have already got states,"
(b) In our opinion, although a national race
has got a state it should be given the autonomous region and the right of
administrative autonomy or should be given a national area and the right of
cultural autonomy if it resides together in communities on the same common area
of land in other state or division. It is proposed so because there are
nationalities who meet the requirements mentioned.
(c) In reviewing the regions and states, it
is found that Bamar national race is the only race that does not have a region
or state of its own. According to the principles already laid down, it is
likely that future generations of Bamar national race may demand
self-administered areas. A constitution should be vivid and the provisions
contained in it should not be contrary to one another. If they are not clear
and vivid at present they may be complicated in the future. A thorough study of
this point indicates that this has been because no state has been established
for the Bamar national race.
If the National Convention is to lay down the
principles and act accordingly, it should base on facts that apply to all
regardless of race or the area of residence. The term "other than national
races who have already got states" should not include.
In other words, if it is considered that a
specific area should be designated for Mro or Khami national race in Rakhine
State, it will be necessary to designate a self-administered zone for delta
Kayins in Ayeyarwady who are different from Kayins in the east. It is because
Kayin population in the delta is more than that in Kayin State. Similarly,
areas should be designated in western section of Magway Division and western
part of Sagaing Division for Chin and Naga national races. In the same way,
nationalities areas should be designated in Kayin State for Mon nationalities and
for Kayin and Pa-O nationalities in Mon State. It will be especially necessary
to designate the areas of upper Sagaing Division and lower Kachin State as the
Tai-lai State or Tai-lai Autonomous Division.
In conclusion, the delegate summed up his
proposal. The following are some points:
(2) The term "Pyidaungsu" should
not be only in name, but it should be in essence;
(3) Only the elected people's representatives
have the right to cast votes and decide in the affairs of three sovereign
powers -- legislative, executive and judicial powers;
(5) The Union of Myanmar is home to all
national races living together;
(6) The State should be constituted as a
genuine Pyidaungsu (Union) system;
(7) The Pyidaungsu (Union) should be
constituted with eight States of equal status;
(8) Member States of the Union shall enjoy
full political autonomy;
(9) Autonomous regions and national areas
shall be designated in the States by voting of the local people after forming
commissions;
(12) Autonomous regions would not be given legislative
powers;
(13) Autonomous regions and national areas
should not be designated at the National Convention without seeking the
opinions and wishes of local people;
(14) It will be necessary to write in the
constitution the matter of re-demarcation of the national boundaries;
(20) The Prime Minister is to lead the
government of the parliamentary administrative system, if the system of
administrative system headed by the President is to be practiced the President
should be elected directly by the people;
(21) The State President represents the State
but the constitution should not prescribe him as the national leader;
(24) There should be one President and one
Vice-President.
Finally, the delegate said that the Shan
Nationalities League for Democracy accepts that members of the organs of power
that will govern the people should be those who have been elected and appointed
by the people themselves.
Independent Hluttaw representative Lt-Col.
Hla Maung (Retd)
[All 14 regions to be states; no military
participation in electoral college; only one Vice-President]
I am Lt-Col. Hla Maung (Retd), independent
Hluttaw representative of Kya-in-Seikkyi Constituency 1,
Among the basic principles laid down in
connection with the Chapter the State Structure:-- the State is constituted by
Pyidaungsu system and I fully support this.
The existing seven divisions and seven states
are designated as 14 regions of equal status and authority. This is also very
appropriate. However, as there is difference in calling the seven divisions
seven regions and the seven states seven states the tendency of the past such
as differentiating the mainland from hill regions and Bamar from national races
of the hill regions will still remain. Therefore, it is feared that this will cause
hindrance in bringing into effect the two objectives -- non-disintegration of
the
I would like to present matters in connection
with the chapter Head of State.
The Head of State is the President of the
It is to be suggested that the presidential
electoral college should be formed with elected Hluttaw representatives in the
Hluttaw with equal numbers of representatives elected from regions and states,
and Hluttaw representatives elected on the basis of population, that is with
all the representatives of the two Hluttaws. The two presidential candidates
nominated by the two Hluttaws are to be elected by the electoral college by
vote and the candidate with the higher number of votes is to be appointed
President and the one who gets the less number is to be appointed
Vice-President.
I conclude my presentation with my conviction
and views aimed at the emergence of the Constitution in accordance with
objectives of the State and which will guarantee a bright prospect for the
State. I will also continue to take part in discussing the chapters which follow.
Independent Hluttaw Representative U Tun
Hlaing
[Parliamentary executive; if a President, he
should have University degree]
A proposal paper on basic principles suitable
to be included in the chapters the State, State Structure and Head of State of
the Constitution to be drawn up was submitted by independent Hluttaw
representative-elect U Tun Hlaing of Bahan Constituency 1, Yangon Division.
He said there are chapters the State, State
Structure and the Head of State to be discussed. Of them, under the chapter the
State, most people are mixed up in their mind between the words 'the State' and
'the Government'.
The State, he said, is referred to a
sovereign territory which has its own government, law, culture, literature,
language, religion and citizens who make it their home.
The government, he said, is an organization
which from time to time administers the affairs of the State.
There is no change in the State which
permanently exists, but there are changes in government from time to time.
He said the State power resides in all
citizens and so, all citizens are those who originally wield the State power.
All the citizens who reside on the land of the State and enjoy fruits of the
State have to benefit the State and must not go against or betray it.
The Government vested with powers by the
citizens is an organization which has to strive for the progress and prosperity
of the State from time to time. Concerning the policy of the State, there may
be likes or dislikes which can be expressed, published and demonstrated in
accordance with democratic practices. The kind of government which does not
conform to the desire of the majority of citizens does not have genuine power.
He said only if these basic ideas be clearly
understood, will the basic principles to form as base in the Constitution be
laid down correctly.
He continued to speak of the following basic
principles--
(a) Myanmar Naing-Ngan is a sovereign,
independent State,
(b) Sovereign power of the State resides in
the citizens,
(c) All powers of the State shall be derived
from the citizens,
(d) All citizens, irrespective of race,
religion, sex and status, shall be equal before the law and enjoy equally in
social relations, justice, freedom of thoughts and innovations, freedom to
express their convictions and opinions, freedom of faith, freedom to profess
their religion, freedom to worship, freedom to earn their livelihood, freedom
to organize and freedom of behaviour.
Regarding the chapter the Head of the State,
he said he had proposed in his previous paper that the Head of State most
appropriate to the State should be the Prime Minister. He does not believe that
the kind of President who will exercise full executive power is the best nor
does he like the system of electing the President by the electoral college.
However, if the majority accept the kind of
President who exercises full executive power, he will follow suit in accord
with democratic practices, he said, and continued to discuss matters as to the
election of the President and the prescription of his qualifications.
He is of the opinion that it is suitable to
form the electoral college, as suggested by the Work Committee Chairman, with
group 1 with Hluttaw representatives in the Hluttaw with equal numbers of
Hluttaw representatives elected from regions and states and group 2 with
Hluttaw representatives in the Hluttaw elected on the basis of population.
All the national races participate in the
construction of the nation, he said. The Tatmadaw should come in in a worsening
situation but it should not be included as a basic principle in the
Constitution, he suggested.
He said that when the nation was in servitude
under the British imperialists, Myanmar nationals were in poverty, individually
not independent and under oppression and they had thought that they would be
prosperous and enjoy personal freedom when the independence was regained.
So, he said, the two Hluttaws not including
Tatmadaw member Hluttaw representatives will be more appropriate to elect the
President.
In addition to the qualifications which a
person standing for the election to the Presidency should have, the following
should be prescribed in addition--
The person standing for the election to
presidency must,
(1) in education, be a holder of a university
degree.
(2) as the Head of the State, who has to face
ploys and tactics in international circle, be versed in politics and
international law.
(3) be one in whom the public have respect.
This prescription of the qualifications is
regarded as best for the nation and the people, he said.
Independent Hluttaw Representative U Tun Kyaw
[Self-administered area for Ta-angs
(Palaungs); one Vice-President to represent minority national races; another to
represent non-Bamars]
A proposal paper on basic principles suitable
to be includes in the chapters the State, State Structure and the Head of State
in the Constitution to be drawn up was submitted by independent Hluttaw
representative-elect U Tun Kyaw of Namhsan Constituency, northern
In his proposal for the chapter the State, he
said Myanmar Naing-Ngan is home to various national races since ancient times
and so, just by reading the beginning of the chapter, it can be easily realized
that it is a nation wherein various national races reside.
So, he proposed that the following should be more
appropriate to be laid down as a basic principle --
Pyidaungsu Thamada Myanmar Naing-Ngan-Daw is
a nation wherein various national races reside together.
Regarding the chapter State Structure, he
quoted an extract from Frontier Areas Committee of Enquiry 1947, Part II as
saying that when the Frontier Areas Committee of Enquiry formed under para 8(d)
of the Aung San-Attlee Agreement, was in its process, U Nwe and U Pwint, two
Palaung or Ta-ang national delegates, expressed their wish for having the right
to create their own nationals' destiny.
The fact expressly demonstrated the wish of
the Ta-ang nationals, since before the regaining of independence, for residing
in the future Myanmar Naing with freedom in accord with their own customs and
traditions, he said.
In the post-independence period, they were
faced with monarchic rule, inequalities of social life under the government of
ruling political party, lack of rights for the minority under the one-party
government despite thorough provision of the rights of minorities in the
Constitution.
So, he said, the nationals led by advanced
Ta-ang youths, took to the jungles in 1958 and since then, have constantly
demanded equality, freedom, justice and the right for creating the nationals'
own destiny.
Under the Government of the State Law and
Order Restoration Council, they returned to the legal fold renouncing the armed
struggle line after making peace with the government on
He said the local national leaders are now
earnestly participating in the National Convention at this time, too, with full
of hopes and the Ta-ang nationals and the people welcome and honour the Convention.
Similarly, there are nine national groups who
have made peace with government and are now engaged in activities for their
regional development and it is also learnt there are favourable conditions for
the remaining armed groups to renounce their armed struggle line and make
peace.
In designation of self-administered areas,
which has been approved as a basic principle, all the national races who have
got their own regions or states or other national brethren who have not got so,
are to cooperate and assist one another, he said.
National races who have not got regions and
states but reside together in a community have other national races living
mixed up together with them. So, all the national races mixing up together in a
region to be designated a self-administered division or self-administered zone
for a particular national race should have magnanimity and cooperation, he
said.
He spoke of some characteristics which he
said are to be taken into account for the Ta-ang nationals to have a
self-administered division. He proposed that the Ta-ang Self-Administered
Division be designated organizing together Namhsan Township in the northern
Shan State at the centre, Namtu Township in the east, Kutkai and Namhkam
Townships in the north, western sector of Hsipaw Township and Kyaukme Township
in the south and Mogok Township in Mandalay Division and eastern sector of
Momeik Township in the west and forming two districts with Kyaukme Township
where former assistant township officers had their officers, Mongngaw sub-Township
and Namtu Township and Mangton sub-Township. The sub-townships are to be
upgraded to township level.
Regarding the chapter the Head of State he
recited two basic principles which have been already laid down--
1. The Head of State is the President of the
Union.
2. The President of the Union shall be
elected by electoral college.
He said of the three groups in the electoral
college, group 1 is to be formed with elected Hluttaw representatives in the
Hluttaw with equal numbers of Hluttaw representatives elected from regions and
states, group 1 with elected Hluttaw representatives in the Hluttaw elected on
the basis of population and group 3 with Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services for the said two Hluttaws.
He proposed a basic principle to be laid down
-- of the three Vice-Presidents, one is to be elected from among the Hluttaw
representatives belonging to minority national races and another one of the
three is to be elected from among the Hluttaw representatives in the upper
Hluttaw with equal numbers of Hluttaw representatives elected from regions and
states and belonging to other national races who are non-Bamar. This is to be
in accord with the noblest and worthiest of worldly values of liberty, equality
and justice. There will be Bamars in majority in the lower Hluttaw constituted
with Hluttaw representatives elected on the basis of population. Only then will
the minority national races have the opportunity of serving as a
Vice-President.
Independent Hluttaw representative U Aung
Thein
[Self-administered area for Danus; only one
Vice-President]
U Aung Thein, independent Hluttaw
representative-elect of Ywangan Township in southern Shan State of
representatives-elect delegates group, submitted a proposal paper on the
chapters the State, State Structure and Head of State.
He said: It is proposed to add two basic
principles under the State chapter namely, -- The Republic of the Union of
Myanmar is a genuine democratic State, and the Republic of the Union of Myanmar
is a social State.
In connection with designation and
demarcation of zones, he discussed as follows:
If the National Convention is to designate
and demarcate the self-administered divisions and self-administered zones, it
is proposed that the area covering Kalaw, Pindaya, Ywangan and Lawksawk
Townships in southern Shan State and Nawnghkio Township in northern Shan State
should be designated as Danu Self-Administered Zone. Although the whole area
falls in southern and northern
He then discussed the Head of State chapter.
As the President of the State will be exercising full executive powers, the two
Vice-Presidents will be only nominal. He cautioned the greater number of
persons may be ineffective. Instead of performing State duties competently they
may be burdensome for the State, he said. He proposed that representatives
elected by the electoral college consisting three groups should be called
(presidential candidates) instead of Vice-Presidents, and that out of the three
presidential candidates the one who wins the highest number of votes should be
designated as the President and the other who wins the second highest number of
votes as the Vice-President. This would be more appropriate for the country, he
said.
He noted that election of the President by
representatives who have been elected by the majority of the people would be in
accordance with democratic practices and it would amount to respecting the
majority of the people. Therefore, he said, the presidential candidates or
Vice-Presidents should be elected out of the Hluttaw representatives and that
they should be made to resign from Hluttaw representatives after being elected
as the President or the Vice-President.
He proposed the following to be laid down as
basic principles in the Head of State chapter:
(1) The Head of State is the President of the
(2) The President of the State shall exercise
full executive powers,
(3) The President of the
(4) The electoral college shall be formed with
all the representatives of the Pyidaungsu Hluttaw,
(5) Relevant laws shall be promulgated for
the election of the President of the
(6) The President of the
(7) The President shall meet the prescribed
requirements for the presidency and shall be a Hluttaw representative,
(8) Hluttaw representatives who are serving
as the President or the Vice-President shall be deemed to have resigned their
seats in the Hluttaw from the day they are elected for the posts concerned,
(9) If the President or the Vice-President
happens to be member of a political party, the person shall not participate in
activities of the party organization from the date of such election, during the
term of office,
(10) The President of the
(11) The President of the Union, the parents,
the spouse, children and their spouses shall not owe allegiance to a foreign
power, must not be subject or citizen of a foreign power, must not be persons
entitled to the rights and privileges of a subject or citizen of a foreign
power,
He concluded that his proposal based on the
six objectives of the National Convention and 104 basic principles laid down,
was submitted on the basic principles that should be included in the chapters
the State, State Structure and Head of State in the long-term interests of the
State. (NLM 4/1)
Clarifications
Apr. 5 [substantive excerpts, omitting boiler
plate and formal repetition. Portions of text separated by "xxxxxx"
are omissions made by NLD]: Clarifications made by members of the Panel of
Chairmen.
"It has been seen that the majority of
the proposals made are in accordance with the six objectives of the National
Convention:-- ....
The National Convention delegates must abide
by the rules prescribed in Article 25 of the National Convention Convening
procedures. The rules prescribed are:-- ....
Esteemed delegates,
The proposal papers submitted by the
respective delegates groups are:--
(a) 15 proposal papers by the nationalities
delegates group;
(b) one proposal paper by the peasant
delegates group;
(c) two proposal papers by the worker
delegates group;
(d) one proposal paper by the intelligentsia
and intellectuals delegates group;
(e) one proposal paper by the State service
personnel delegates group;
(f) 12 proposal papers by the other invited
delegates groups;
(g) 10 proposal papers by the political
parties delegates group; and
(h) 11 proposal papers by
representative-elect delegates group, totalling 53 proposal papers were
submitted.
As all these proposal papers have been
submitted at the Plenary Session of the National Convention, all the delegates
have heard them. Chapterwise appraisal of the proposal papers on the
fundamental principles which have been laid down and should contain in the
Chapters the State, State Structure and Head of State, as well as new proposals
to be added will be given. In making appraisals thus, it will be seen that as
there were approvals given on the clarifications made by the Chairman of the
Work Committee on
The proposals made by the respective
delegates in a free manner will be appraised and presented objectively.
["The State" Chapter]
Esteemed delegates,
The basic principles laid down in connection
with the chapter the State are:--
(a) Myanmar Naing-Ngan is a sovereign,
independent nation;
(b) the State shall be known as Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw;
(c) sovereign power of the State is derived
from the citizens and is in force in the whole country;
(d) the territorial boundary of the state is
as it is on the day the State Constitution comes into force.
Chairman of the National Convention Convening
Work Committee Chairman U Aung Toe in his clarifications made on 18 January
1994 said -- "the basic principles laid down in connection with the State
will be included in the chapter the State. If, in addition to these, there are
more basic principles to be included in detail, they are to be further
discussed and proposed by the delegates".
xxxxxx
[Definition of national territory]
Esteemed delegates,
If an overall appraisal of the proposals by
National Convention delegates groups, political parties and delegates is made,
then the respective delegates groups have proposed that the fundamental
principles laid down by the National Convention, which are:--
(1) Myanmar Naing-Ngan is a sovereign,
independent nation;
(2) the State shall be known as Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw;
(3) sovereign power of the State is derived
from the citizens and is in force in the whole country; and
(4) the territorial boundary of the State is
as it is on the day this Constitution comes into force;
should be included under the chapter 'the
State'.
However, the National Unity Party and the
Shan Nationalities League for Democracy which are included in the political
parties delegates group, the National Unity Party and the Shan Nationalities
League for Democracy which are included in the representatives-elect delegates
group, the representatives of Shan State Kokang Democratic Party and Independent
delegates Dr. Hmu Than and U Htaung Kho Thang, proposed that the following
should be added in above-mentioned paragraph 4 "the territorial boundary
of the State shall be the land, sea and airspace which constitutes its
territory on the day this Constitution comes into force". Such kind of
wording as suggested is found in Article 3 of the State Constitution of 1974.
In making such additions it not only does not effect [sic] its meaning but
makes it more complete and therefore, it is appraised that it should be added.
[Multiple races living together]
Esteemed delegates,
It has been proposed by the nationalities
delegates group, worker delegates group, other invited delegates group, U Sai
Nong of Shan State (North) Special Region 3 which is included in that group;
the National Unity Party, Mro or Khami National Solidarity Organization, Lahu
National Development Party, National League for Democracy and the Shan
Nationalities League for Democracy included in the political parties delegates
group; the representative of the National Unity Party, Mro or Khami National
Solidarity Organization, the National League for Democracy, the Shan
Nationalities League for Democracy and U Tun Kyaw and U Aung Thein of
Independent representatives-elect included in the representatives-elect
delegates group that a basic principle -- "The Republic of the Union of
Myanmar is a nation where various national races live together in unity",
should be laid down.
[Final principles adopted on "the
State"]
Esteemed delegates,
According to the above mentioned appraisal,
the chapter "the State" should include the basic principles as
follows:--
(1) Myanmar Naing-Ngan is a sovereign,
independent nation;
(2) the State is a nation where various
national races live together in unity;
(3) the state shall be known as the Republic
of the Union of Myanmar;
(4) sovereign power of the State is derived
from the citizens and is in force in the whole country;
(5) the territorial boundary of the State
shall be the land, sea and airspace which constitutes its territory on the day
this State Constitution comes into force.
xxxxxx
["State Structure" Chapter]
["Pyidaungsu" system]
Esteemed delegates,
The proposals submitted by the various
delegates groups on fundamental principles in connection with the State Structure
have been appraised and it is seen that almost all have agreed that the basic
principle-- "the State is constituted by the Pyidaungsu (
Hence, it is to be appraised that the
fundamental principle-- "the State is constituted by "Pyidaungsu (
xxxxxx
[Regions and states]
Esteemed delegates,
If an overall appraisal is to be made in
connection with the proposals submitted by National Convention delegates
groups, political parties and delegates, it is seen that they have proposed
that the basic principles laid down in connection with the State Structure:--
(1) the State is constituted by Pyidaungsu (
(2) the existing seven divisions are
designated as seven regions and the existing seven states are designated as
seven states. Those seven regions and seven states are equal in status and
authority;
(3) the names of those seven regions and seven
states are retained as they are at present shall be included in the chapter the
State Structure. In connection with these three principles, the second
principle for the seven regions and the seven states to retain the names as
they are at present, all, including the representatives of political parties,
with the exception of some political parties included in the delegates groups
and the representatives of some of the special regions included in other
invited delegates group, have agreed in accordance with the clarification made
by Chairman of the National Convention Convening Work Committee.
Hence, the basic principles in connection
with these three fundamental principles to be included in the chapter State
Structure are:--
(1) the State is constituted by Pyidaungsu (
(2) the state shall be designated into seven
regions and seven groups as follows:--
--
--
--
--
-- Sagaing Region;
-- Tanintharyi Region;
-- Bago Region;
-- Magway Region;
--
--
--
--
--
-- Ayeyarwady Region;
(3) the seven regions and seven states are of
equal status and authority.
xxxxxx
[Renaming regions and states]
Esteemed delegates,
It is seen that almost all delegates groups
have again given approval on the basic principle that if it is desired to
change the name of a region or state, it shall be done so after seeking the
wishes of the citizens residing in that region or state and enacting a law.
However, representatives of the State service
personnel delegates groups have proposed that in order that it will become more
complete and there may not be any arguments in connection with its meaning in
the future, instead of citizens the words "citizens who are eligible to
vote" should be added. Serious consideration should be made in connection
with this.
By adding the words citizens who are eligible
to vote instead of only citizens, the meaning will not be changed but it will
become more complete and effective.
Hence it is to be appraised that in
connection with this basic principle that if it is desired to change the name
of a region or a state, it shall be done so only after seeking the wishes of
the citizens who are eligible to vote residing in that region or state and
enacting a law.
(NLM 4/6)
Apr. 6 [full text]: The following is a
translation of clarifications given by members of the Panel of Chairmen of the
National Convention Plenary Session on appraisal of proposal papers at the
Plenary Session today.
[Self-administered divisions and zones]
Esteemed delegates,
The appraisal on the proposal papers
submitted by the various delegates groups in connection with designating of
self-administered divisions and self-administered zones have been given
appropriately.
It is seen that some political parties and
representatives have described and proposed the areas according to their wishes
for designating of self-administered divisions or self-administered zones. It
is found that some areas proposed by one delegate are identical to the areas
proposed by another. These proposals are submitted by individual political
parties, individual delegates or collectively by delegates who are close
together.
Some delegates have mentioned that as they do
not know the population or the size of the area and the living together of
people in communities, it is difficult for them to make proposals.
Some delegates have proposed that since there
are some delegates at the National Convention who are well experienced,
measures should be taken expeditiously to enable their national brethren to
enjoy their rights. In taking such steps, a certain national race which has an
appropriate population but live a distance apart in two townships, then they
should be brought together through management means. As the capitals of regions
or states is the concern of all the nationals residing in these regions or
states, they should not be placed under self-administered divisions or
self-administered zones.
Some have made proposals not to base on race
but only on the area, while others have made proposals to delete the wordings
"other than national races who have already got regions or states"
which is contrary to the basic principle which has already been laid down.
Some have submitted their proposals that in
prescribing self-administered divisions or self-administered zones, the
following steps must be taken:--
(1) for the National Convention to prescribe
straight away self-administered division or self-administered zones for
national races which are entitled to get;
(2) commission is to be formed for carrying
out necessary study and scrutiny and submitting reports to the National
Convention for prescribing self-administered divisions or zones;
(3) for forming a commission without
mentioning the time of forming such a commission and to study and scrutinize
and submit reports for prescribing self-administered division or
self-administered zone, etc.,
according to their desires.
Esteemed delegates,
In connection with the prescribing of
self-administered division or self-administered zone, as the proposals are
varied, it is to be appraised that time should be taken to lay down a principle
to be taken as base.
[No secession]
Esteemed Chairman,
The Chairman of the National Convention
Convening Work Committee said-- "It has been prescribed that no part of
the territory of the
It is seen that the various delegates groups
have proposed that the above-mentioned basic principle as stated by the
Chairman of the National Convention Convening Work Committee, should be included
in the chapter the State Structure.
Therefore, it is to be appraised that the
basic principle:-- "no part of the territory of the
xxxxxx
[Territorial units]
It is to be appraised that in connection with
the consolidation of the State, fundamental principle to be taken as base in
the chapter the State Structure should be laid as follows:--
-- the villages are to be organized as
village-tracts;
-- wards are to be organized as towns or
townships;
-- village-tracts and wards or towns to be
organized as townships;
-- townships to be organized as districts;
-- districts to be organized as regions or
states;
-- townships in self-administered areas to be
organized as self-administered areas;
-- townships in self-administered region to
be organized into districts and the districts to be organized as
self-administered divisions
-- if there self-administered divisions or
self-administered zones in regions or states, then the self-administered
divisions or self-administered zones and districts are to be organized as
regions or states;
-- the regions and states are to be organized
as the
However, the delegates have also heard the
proposals submitted by the various delegates groups in connection with
structuring the
xxxxxx
[Re-delineating national boundaries]
Esteemed delegates,
Almost all delegates groups have submitted
proposals in support of the clarification made by the Chairman of the National
Convention Convening Work Committee for laying down basic principles to be
included and prescribed in the State Constitution in connection with how to
proceed if it becomes necessary to re-delineate the territorial boundary of the
Union.
The Shan Nationalities League for Democracy,
which is included in the political parties delegates group proposed that as it
is not necessary to re-delineate the territorial boundaries of the Union it
should not be included and prescribed in the State Constitution. If there
arises the need then it is the work of the legislature and the Hluttaw and it
is up to the Hluttaw representatives to take appropriate steps.
It is seen that the method clarified by the
Chairman of the National Convention Convening Work Committee is for the
representatives of the two Hluttaws of the Pyidaungsu Hluttaw to take steps if
there arises need to re-delineate the territorial boundary of the Union.
Moreover, Hluttaw representatives of respective regions or states which are
included in the territories under the two Hluttaws have the right to express
their opinion separately and therefore, it is more complete and will also
assist in strengthening national unity.
The delegates group of intelligentsia and
technocrats delegates group proposed that-- "with the approval of
three-fourths and upwards of the total number of Hluttaw representatives of the
Pyidaungsu Hluttaw, the President can re-delineate the territorial boundaries
of the Union."
In this connection, the opinion is that if
there arises the need to re-delineate the territorial boundary of the Union
only one method should be practised.
Re-delineation of the territorial boundary of
the Union, cannot be done by the country alone. Mutual agreement should be
obtained first with the countries which have a common border with the territory
which is to be re-delineated. Steps are to be taken in accordance with the
provisions of the State Constitution for years. Therefore, the principles to be
taken as base in re-delineating the territorial boundary of the Union to be
included in Chapter State Structure are as follows:
(1) if there arises need to re-delineate the
territorial boundary of the Union, first of all the President of the State
should inform the head of Pyidaungsu Hluttaw on the matter of re-delineating
the territorial boundary of the State.
(2) when intimations have been received from
the President for the purpose of re-delineating the territorial boundary of the
Union, the head of Pyidaungsu Hluttaw should seek the wishes of Hluttaw
representatives as follows:--
(a) assenting votes of more than half the
total number of representatives included in the Hluttaw with equal number of
representatives elected from regions and states,
(b) assenting votes of more than half the
total number of representatives included in the Hluttaw elected on the basis of
population,
(c) assenting votes of more than half the
number of representatives from the region or state involving the boundary
concerned in the two Hluttaws,
(d) after obtaining the votes as mentioned
above, the head of Pyidaungsu Hluttaw is to inform the President to
re-delineate the territorial boundary as required;
(3) If a territorial boundary is
re-delineated in accordance with the above-mentioned procedures and if one of
the Hluttaws or the representatives from the region or state involving the
boundary concerned in the two Hluttaws return a negative decision, then the
decision of the Pyidaungsu Hluttaw is to be sought. If three-fourths and
upwards of the total number of representatives of Pyidaungsu Hluttaw support
it, the head of Pyidaungsu Hluttaw is to inform the President of the State to
re-delineate the territorial boundary as required;
(4) when the approval of the Pyidaungsu
Hluttaw is obtained, the President of the State is to re-delineate the
territorial boundary of the
xxxxxx
[Changing local boundaries]
Esteemed delegates,
It is seen that the majority of delegates
groups have proposed that basic principles should be laid down in accordance
with the procedures as clarified by the Chairman of the National Convention
Convening Work Committee that if there arises need to re-delineate the
territorial boundary of any region or state.
However, the representative of Kayan group
proposed that instead of "the voters residing in the region involving the
boundary concerned", it is necessary to explicitly express as "only
the voters residing in the area involving the boundary concerned", when
there arises need to re-delineate the territorial boundary in any region or
state. The proposal made by this delegate should be taken into serious
consideration. By merely expressing the region involved, different meanings can
be taken, so also, if it is expressed as "the voters residing in the area
when there arises the need to re-delineate the territorial boundary in any
region or division" different meanings can still be taken. By naming that
particular area then there is still the possibility to consider whether the
area involves the village-tract, whether the township which is involved and so
on. Therefore, in order not to effect the essence of the principle laid down
and to be in accord with it and to be specific in verifying the area, it should
be described as the voters residing in the "township included in the area
involved" instead of the "area" involved as this will be
sufficient and precise.
It is seen that when there arises need to
re-delineate the territorial boundary of a region or a state, it cannot be
carried out only with the decision of the region or the state concerned. It is
to be regarded that when need arises to re-delineate the territorial boundary
then at least another region or state which has a common boundary with the
particular region or state should also take part in the matter. If one side
agrees and the other side does not, then appropriate ways must be sought to
solve the matter. Therefore, it is to be appraised that it will be more
complete to lay down basic principles to be incorporated as fundamental
principles in the State Constitution to find ways in solving the matter in
which there arises need to re-delineate the territorial boundary of a region or
state.
xxxxxx
It is appraised that in the chapter State
Structure, the following principle should be laid down in connection with
changes in boundary, organization or name of village, village-tract, ward,
town, township and district within a region, state, self-administered division,
or self-administered zone:--
If occasion arises to make changes in
boundary, organization or name of village, village-tract, ward, town and
township within a region, state, self-administered division, or
self-administered zone, the region or state executive authority shall submit
its recommendation to the President of the
xxxxxx
[Changing region/state names]
Esteemed delegates,
The delegates groups have approved and
proposed that the fundamental principle "if it is desired to change the
name of a region or state, it shall be done with enactment of law after
ascertaining the wishes of citizens residing in the region or state concerned"
should be included in the chapter State Structure, and that if it is desired to
change the name of a self-administered division or a self-administered zone,
the principle should be laid down to be able to do so in accordance with the
above-said procedure.
The State service personnel delegates group
has proposed that "citizens eligible to vote" should be used in place
of "citizens" in the above-mentioned fundamental principle. Their
proposal should be considered emphatically as it tends to be more precise and
they have approved and proposed it to be more complete.
Using "citizens eligible to vote"
does not affect the essence of the principle. It is therefore appraised that
the principle should be:--
If it is desired to change the name of a
self-administered division or self-administered zone, it shall be done in the
same procedure as in changing the name of a region or state.
xxxxxx
[Union territories]
Esteemed delegates,
With regard to designating Union territories,
it is appraised that the following delegates groups and delegates agree to the
suggestions of the National Convention Convening Work Committee Chairman to
place Yangon under direct administration of the President of the Union, to
prescribe strategic areas like Cocogyun Township as Union territories under the
direct administration of the President of the Union, and to prescribe these
strategic areas 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. These delegates groups and
delegates are:--
(1) Nationalities delegates group,
(2) Peasants delegates group,
(3) Workers delegates group,
(4) Intelligentsia and intellectuals
delegates group,
(5) State service personnel delegates group,
(6) Out of other invited persons,
- delegate from Kachin State Special Region
1,
- delegate from Shan State (North) Special
Region 1,
- delegate from Shan State (North) Special
Region 2,
- delegate from Shan State (North) Special
Region 3,
- delegate from Shan State (North) Special
Region 4,
- delegate from Shan State (North) Special
Region 5,
- delegate from Shan State (North) Special
Region 6,
- delegate from Shan State (North) Special
Region 7,
(7) Out of political parties delegates,
- National Unity Party,
- Union Pa-O National Organization,
- Mro or Khami National Solidarity
Organization,
- Union Kayin League,
(8) Out of representative-elect delegates,
- delegates of National Unity Party,
- delegate of Union Pa-) National
Organization, and,
- delegate of Mro or Khami National
Solidarity Organization.
[NOTE: Hereafter, we will omit lists of
delegate groups (including invited guests from Special Regions), and political
parties and representatives-elect who approve the proposals of the Chairman of
the National Convention Convening Work Committee. Hence, groups not listed as
suggesting modifications can be assumed to have approved the Chairman's
proposals.---HCMacD.]
xxxxxx
In connection with designating Union
territories under the direct administration of the President of the Union, it
is appraised that the fundamental principles should be laid down as follows:--
- The State Capital Yangon shall be
designated Union territory under the direct administration of the President of
the Union;
- Cocogyun Township which is a strategic area
shall be designated Union territory under the direct administration of the
President of the Union;
- The strategic areas in connection with
defence and security, administration and economy of the whole Union shall be
prescribed as Union territories under direct administration of the President,
enacting laws if necessary in future.
(NLM 4/7)
Apr. 7 [substantive segments, as above]:
[President as national leader not needed]
Esteemed delegates,
The principle, the Head of State is the
President of the Union, which should be taken as the basic principle has been
laid down. Moreover, the delegates groups have presented proposals in support
of the following as basic principles:--
-- the President of the Union represents the
nation,
-- the President of the Union is the national
leader of all citizenry,
-- the President of the Union occupies a
position of highest honour in the whole of the Union of Myanmar.
In appraising the basic principle, the
President of the Union is the national leader of all the citizens, some
delegates groups have proposed that the basic principles, the Head of State is
the President of the Union, the President of the Union represents the nation
and occupies a position of highest honour in the whole of the Union of Myanmar,
if laid down is complete and therefore the basic principle the President of the
Union is the national leader of all citizenry is not appropriate to be included
in the Constitution and is seriously considered.
It has been appraised that as the basic
principles--the President of the Union occupies a position of highest honour in
the Union and is the Head of State--have been laid down, it is not necessary to
lay down the basic principle, the President of the Union is the national leader
of all citizenry.
Hence, it is to be appraised that the
following basic principles should be laid down:--
(1) the Head of State is the President of the
Union,
(2) the President of the Union represents the
nation,
(3) the President of the Union occupies a
position of highest honour in the Union.
xxxxxx
[Presidential qualifications--ability]
Esteemed delegates,
I will continue to clarify the proposals made
by the delegates groups in connection with prescribing the qualifications of
the President of the Union. The delegates groups have proposed that a President
must be a person who can skilfully, effectively and resolutely manage affairs
of the State, political, administrative, economic and military, etc....
One of the delegate groups, the peasants
delegates group, proposed that it is necessary for the President to be an
experienced person in affairs of the State, political, administrative, economic
and military, etc. and must be able to skilfully, effectively and resolutely
manage those affairs. As regards the matter of having military experience, he
added that although one may not be practically engaged in military leadership
role oneself, it is necessary for one to possess national defence outlook,
military awareness and security awareness.
The Wa National Development Party...proposed
that when a person, who has the qualifications to service as President of the
Union is elected by the people, that person is to be accepted as President of
the Union and the National League for Democracy proposed that the
above-mentioned qualifications should not be included in the qualifications for
a President, but it will be more appropriate to issue guiding principles when
electing the President of the Union for the electoral college to elect persons
who have all the above-mentioned qualifications as far as possible as
presidential candidates.
The delegates of the National League for
Democracy of the representative-elect delegates group proposed accordingly to
the proposals made by the National League for Democracy which is included in
the political parties delegates group.
The representative of the Shan State Kokang
Democratic Party and two independent representatives proposed that anyone in
whom the people have faith and trust and accept can become the President of the
Union.
An independent representative of Ywangan
Township Constituency, Shan State, proposed that in order to verify whether or
not a person has the qualifications to become President a commission should be
formed with appropriate persons by the Pyidaungsu Hluttaw to study and
scrutinize and submit a report to the Pyidaungsu Hluttaw before hand.
In studying and scrutinizing the proposals of
various delegates groups and representatives, it is seen that they are of the
opinion that qualifications for the President to be a person who can skilfully,
effectively and resolutely manage the affairs of the State, political,
administrative, economic and military, etc., should be prescribed.
Therefore, in the Chapter Head of State, a basic
principle should be laid down for the President of the Union to be
knowledgeable in the affairs of the State, political, administrative, economic,
military, etc.
[Presidential qualifications-loyalty]
Esteemed delegates,
The Chairman of the National Convention
Convening Work Committee at the National Convention Plenary Session held on 18
January 1994 gave clarification as follows:--
"The President of the Union, as one to
lead the State, needs to be loyal to the State and the citizenry. Therefore, a
basic principle should be laid down to include a necessary qualification that
the President of the Union shall be a person who is loyal to the State and the
citizenry."
....
The representative of the Shan State Kokang
Democratic Party and independent representatives Dr. Hmu Thang and U Htaung Kho
Thaing who are included in this delegates group proposed that:--
"being loyal to the State and the
citizenry depends on individual persons."
Hence, in the Chapter the Head of State in
connection with the qualification of the President of the Union, it is
appraised that the basic principle the President of the Union must be loyal to
the State and the citizenry should also be laid down.
xxxxxx
[Presidential qualifications-citizenry]
Esteemed delegates,
The delegates groups which proposed that a
basic principle be laid down that "the President of the Union must be a
citizen of Myanmar who was, and both of whose parents were, born in the
territory under the powers of the State, belonging to the nationality of Myanmar",
are:--....
The Shan State Kokang Democratic
Party...proposed that the President of the Union must himself be a person born
of parents who are both citizens.
Hence, it is to be appraised that a basic
principle should be laid down under the Chapter the Head of State that
"the President of the Union must be a citizen of Myanmar who was, and both
of whose parents were, born in the territory under the powers of the State,
belonging to the nationality of Myanmar.
[Presidential qualifications-age]
Esteemed delegates,
The Chairman of the National Convention
Convening Work Committee made a following clarification at the National
Convention Plenary Session held on 18 January 1994:--
"As the President of the Union should be
a person rich in political, administrative, economic and military experiences
of our country, it is found that one elected as the President of the Union
should be at least 45 years of age. So it is to be discussed and proposed
whether or not a basic principle should be laid down that the age of one elected
the President of the Union of our country must be at least fully 45 years
old."
xxxxxx
Esteemed delegates,
In studying the proposals submitted by the
delegates groups and representatives, it is appraised that a basic principle
should be laid down that one elected as the President of the Union should be at
least 45 years of age.
[Presidential qualifications-special]
Esteemed delegates,
At the National Convention Plenary Session
held on 18 January 1994, the Chairman of the National Convention Convening Work
Committee gave a following clarification:--
"The President of the Union should be a
person who possesses qualifications specifically for the office, in addition to
the qualifications required to stand for election to the Hluttaw."
The proposals made by the various delegate
groups in connection with the clarification made by the Chairman of the
National Convention Convening Work Committee will be mentioned.
xxxxxx
It is appraised that the proposals made by
the various delegates groups have been studied and scrutinized and the basic
principle, "the President of the Union should be a person who possesses
qualifications prescribed specifically for the office, in addition to the
qualifications required to stand for election to the Hluttaw", should be
laid down.
xxxxxx
[Presidential qualifications-20 years
residence]
Esteemed delegates,
In connection with the basic principle that
the President of the Union shall be a person who has been residing continuously
in the country for at least 20 years up to the time of the election:--....
In connection with the President of the Union
shall be a person who had been residing continuously in the country for a
certain number of years up to the time of election, the representative of the
Shan State (North) Special Region 2 included in the other invited delegates
group proposed as 15 years, the Shan State Kokang Democratic Party...proposed
as 15 years, the Wa National Development Party proposed as 12 years, the
National League for Democracy proposed as 10 years, the representative of the
National League for Democracy...proposed as 10 years and the independent
representative of Namhsan Constituency of Shan state proposed as 10 years
respectively.
The representative of the Shan State Kokang
Democratic Party and an independent representative proposed that it should
depend on loyalty towards the State and the people, to possess patriotism and
the goodwill towards the State.
Based on the above-mentioned proposals it is
to be appraised that a basic principle should be laid down that the President
of the Union shall be a person who has been residing continuously in the
country for at least 20 years up to the time of the election.
xxxxxx
[Qualifications for Presidency-citizenship of
Presidential family members]
Esteemed delegates,
It has been proposed that a basic principle
should be laid down that for a person to be qualified for election to the
office of President of the Union, it is most necessary that this person, his
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 a citizen of a foreign
power, by:--....
The State service personnel delegates group
also proposed in support of this basic principle and also proposed that instead
of using the word "a citizen of foreign government", the word should
be a citizen of foreign country.
The Lahu National Development Party...
proposed that a person to be qualified for election to the office of the
President of the
The delegates of the Shan National League for
Democracy political parties delegates group and the representatives-elect
delegates group have proposed that a basic principle should be laid down that
"A person standing for election to the Presidency of Myanmar shall be a
citizen of Myanmar both of whose parents belong to any of the nationalities of
Myanmar and is qualified for election if the person is within the prescribed
age limit" and there should not be any other qualifications.
The delegate of the Shan State Kokang
Democratic Party and two independent representatives-elect have suggested that
a basic principle should be laid down as "The President of the
Regarding the wording "citizens of that
government" included in the proposal paper of the delegates of the service
personnel delegates group, it is appraised that all know "citizen" in
their proposal means a citizen of a country, not the citizen of the State. The meaning
will be more clear if "citizen of a foreign country" in place of
"citizen of that government". It is appraised that using
"citizen of a foreign country" does not affect the fundamental
proposal.
In overall appraisal of the proposals and
suggestions, the principle should be laid down as-- "The President of the
Union, the parents, the spouse, children and their spouses shall not owe
allegiance to a foreign power, must not be subjects or citizens of a foreign
power and must not be persons entitled to the rights and privileges of subjects
or citizens of a foreign power."
[Qualifications of Vice-Presidents]
Esteemed delegates,
...The delegates suggested and proposed that
the Heads of the Pyidaungsu Hluttaw and the two Hluttaws shall scrutinize the
Vice-Presidents whether or not they meet the qualifications prescribed for the
President of the
[Electoral College]
Esteemed delegates,
In connection with election of the President
and the Vice-Presidents, it is appraised that the following are proposed:--
(a) Three presidential electoral college
groups of Pyidaungsu Hluttaw representatives are to be formed as follows:
(1) the group formed with elected Hluttaw
representatives in the Hluttaw with equal numbers of representatives elected
from regions and states;
(2) the group formed with elected Hluttaw
representatives in the Hluttaw elected on the basis of population; and,
(3) the group formed with the Tatmadaw
Hluttaw representatives nominated as such by the Commander-in-Chief of Defence
Services for the said two Hluttaws;
(b) To elect a Vice-President each from those
three groups;
(c) A group made up of the Heads and the
Deputy Heads of the two Hluttaws of the Pyidaungsu Hluttaw shall scrutinize the
Vice-Presidents whether or not they meet the qualifications prescribed for the
President of the
(d) For all Pyidaungsu Hluttaw
representatives to elect the President out of the three presidential candidate
Vice-Presidents by vote;
(e) To promulgate necessary law in connection
with election of the President.
...
Shan State Kokang Democratic Party... has
proposed that it is suitable to elect the President through democratic means
from among the Hluttaw representatives delegating the entire mass of people and
political forces and the qualified person from among the masses of people.
As all esteemed delegates know Wa National
Development Party has proposed that a President of the
The delegates of National League for
Democracy in the political parties...and the representatives-elect delegates
group have approved and proposed that three groups of the presidential
electoral college should be:-- (1) the group formed with elected Hluttaw representatives
elected from regions and states; (2) the group formed with elected Hluttaw
representatives in the Hluttaw elected on the basis of population; and (3) the
group formed with the Hluttaw representatives of the Hluttaws of respective
regions, states and self-administered areas elected by the people, that each
group must nominate a presidential candidate and that out of these presidential
candidates, the President should be elected by secret vote and the one who gets
the second highest votes should become the Vice-President.
The delegates of Shan State Nationalities
League for Democracy in the political parties...and representatives-elect
group, have proposed that there should be a Vice-President in the State in
addition to the President of the Union, that the political parties must
nominate and submit the names of candidates for election of the President and
the Vice-President and that the President who will administer the public
affairs directly should be elected by vote of the people themselves in accord
with their wishes.
All esteemed delegates know the proposals and
suggestions of the remaining delegates. In overall appraisal of the proposals
and suggestions, the following should be laid down to be incorporated into the
chapter Head of State:--
(a) The presidential electoral college shall
be formed with three groups of Hluttaw representatives as follows:
- the group formed with elected Hluttaw
representatives in the Hluttaw with equal numbers of representatives elected
from regions and states;
- the group formed with elected Hluttaw
representatives in the Hluttaw elected on the basis of population; and,
- the group formed with the Tatmadaw member
Hluttaw representatives nominated as such by the Commander-in-Chief of Defence
Services for the said two Hluttaws;
(b) To elect a Vice-President each out of
Hluttaw representatives or non-Hluttaw representatives from these groups;
(c) For a group made up of the Heads and
Deputy Heads of the Pyidaungsu Hluttaw and the two Hluttaws of the Pyidaungsu
Hluttaw to scrutinize the Vice-Presidents whether or not they meet the
qualifications prescribed for the President of the Union;
(d) For all Pyidaungsu Hluttaw
representatives to elect by the vote the President of the Union out of the
three presidential candidate Vice-Presidents; and,
(e) To promulgate necessary law in connection
with the presidential election.
(NLM 4/8)
Apr. 8 [substantial excerpts]:
[Presidential term of office]
Esteemed delegates,
The various delegates groups have presented
proposals on the term of office of the President and how many terms he is to
service in office.
In connection with the term of office of the
President and Vice-President to be prescribed as five years, and that the
President and Vice-President to carry on in office till the time the new
President and Vice-President are duly elected, after expiry of incumbent terms,
and no right to serve in the office of President for more than two terms, the
following delegates groups have presented proposals....[list].
The State service personnel delegates
group...also made a proposal that a basic principle should be laid down that if
for some reason the post of the President is filled by some one then the term
of office should not be prescribed as one term of office of the President.
The Shan State Kokang Democratic Party, the
Mro or Khami National Solidarity Organization, the Kokang Democracy and Unity
Party and the Shan Nationalities League for Democracy...proposed that the term
of office of the President should be prescribed as only four years and not to
stand for election more than twice. The National League for Democracy proposed
that the term of office of the President and the Vice-President should be
prescribed as five years and not to permit them to stand for election on expiry
of that term....
The delegate of the Shan State Kokang
Democratic Party and two independent representatives-elect...proposed that a
basic principle be laid down that the term of office of the President should be
the same as that of the Hluttaw and that there shall be no right to service in
the office for more than two terms.
The independent representative-elect of
Kya-in-Seikkyi Constituency 1 of Kayin State...proposed that the term of office
of the President should be the same as the Hluttaw and the independent representative-elect
of Ywangan Constituency of Shan State proposed that the term of office of the
President and Vice-President should be the same as the Hluttaw and there shall
be no right for them to serve in the office for more than two terms and a basic
principle should be laid down in this respect.
Esteemed delegates,
It is to be appraised that if for some reason
the President or the Vice-President cannot continue to serve in the office of
the President then a new President or Vice-President should be elected to fill
the vacancy. There is a point to be considered as to whether or not it will be
appropriate to prescribe the term of office of that person as one term. If so,
then that term or period can either be long or short.
Therefore, it is appraised that it is not
appropriate to prescribe this interim term as one term.
Hence, it is appraised that basic principles
should be laid down for--
-- prescribing the term of office of the
President and Vice-President as five years,
-- the President and Vice-President to carry
on in office till the time the new President and Vice-President are duly
elected, after expiry of incumbent term,
-- the President and Vice-President shall
have no right to serve in office for more than two terms,
-- the period of office of the President or
Vice-President who are elected to fill the vacancy should not be prescribed as
one term.
xxxxxx
[Vacancies]
Esteemed delegates,
...delegates [have supported]...that if for
some reason the post of President or Vice-President becomes vacant, and some
one is elected to fill the vacancy, the term of office of that person shall be
only up to the end of the original term of office. The National Unity
Party...also discussed in support of this. Moreover, they also discussed that
if the term of office of the President or Vice-President falls vacant when
there is only three months or under three months left of the expiry of
incumbent term, then the vacancy should not be filled with another person. If
it is the post of the President, then the Vice-President is to fill the vacancy
as acting President and if it is the post of Vice-President then the vacancy is
to be filled up by one of the Vice-Presidents. If both the posts of the two
Vice-Presidents fall vacant then the President should carry on with their
duties. These proposals are to be taken into consideration. If the expiry of
the term left is only three months or under three months and if someone is
elected to fill the vacancy, then as the term is not much, the President or the
Vice-President who is elected to fill the vacancy will not have enough time and
condition to shoulder their responsibilities.
However, it is appraised that the points
proposed by the National Unity Party...will be included in detail in the law
necessary for the matter of electing the President of the Union. Therefore, it
is appraised that... if for some reason the post of President or Vice-President
becomes vacant, then a basic principle on the term of office of someone who is
elected to fill the vacancy is to be laid down as follows:--
"If for some reason the post of
President or Vice-President becomes vacant, and someone is elected to fill the
vacancy, the term of office of the new President or Vice-President shall be
only up to the end of the original term office."
xxxxxx
[Political activities by President]
Esteemed delegates,
...
In connection with...[the] basic principle
...that if the person elected President or Vice-President happens to be a
member of a political party, he shall not participate in party activities of that
party organization, from the date of such election, during the term of office,
the Wa National Development Party proposed that if they are members of a party,
then they should resign from the party. As the President or Vice-Presidents are
national leaders, they should during their term of office strive for national
politics, instead of party politics. So if they are members of a political
party and if they are restricted from participating in respective party
activities, then the objective contained in the basic principle which is to be
laid down will be realized. As resigning or not resigning from the political
party as its member is his own right, he should be given the privilege to do so
as he wishes.
It is seen that the State service personnel
delegates group has made a new proposal that a basic principle should be laid
down that, if the President or Vice-Presidents are members of a social
organization or a religious association, then they should not take part in the
activities of such organizations and associations during the term of office
from the date they are elected President or Vice-Presidents.
Serious consideration should be made
regarding this proposal. It is considered that it will not be proper to impose
too much restriction on the President or Vice-Presidents. As the President and
Vice-Presidents are persons leading the State, they should be given the liberty
to reason and act on their own in the activities of the social organizations
and religious associations of which they are members.
Hence, according to the proposals of the
delegates groups, political parties and delegates it is to be appraised that a
basic principle should be laid down as follows:--
-- the President and Vice-President shall not
be representative of any Hluttaw,
-- if a Hluttaw representative is elected
President or Vice-President, this person shall be deemed to have resigned from
his seat in the Hluttaw, and if a service personnel be elected President or
Vice-President, the person shall be deemed to have retired from the date of
such election,
-- if a person elected President or
Vice-President happens to be member of a political party, this person shall not
participate in activities of that party organization, from the date of such
election, during the term of office.
[Oaths of office]
Esteemed delegates,
It is seen that almost all of the delegates
groups have proposed in support of the basic principle that the President or
Vice-Presidents have to take the oaths of office before they take up their
positions and responsibilities.
[list of delegate groups]...have submitted
proposals on the points to be included on how the President and Vice-Presidents
should take the oath of office.
In making an overall appraisal of the
proposals, the main points proposed are as follows:--
(a) to abide by, and protect the Constitution
of the State,
(b) to uphold the laws of the state,
(c) to work for non-disintegration of the
Union, non-disintegration of national solidarity and perpetuation of
sovereignty.
(d) to shoulder the duties and
responsibilities bestowed by the State Constitution with righteousness and
correctly and to stay free from bribery and corruption,
(e) to work for further flourishing of the
noblest and worthiest of worldly values such as justice, liberty and equality,
Therefore, it is appraised that a basic
principle should be laid down on how the oaths should be taken including the
following ideas:--
-- to be loyal to the Union of Myanmar and
the citizenry;
-- to ever hold in high esteem
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuity of sovereignty,
-- to abide by, uphold and protect the State
Constitution and the laws of the state,
-- to make utmost efforts in shouldering
one's duties and responsibilities righteously and correctly,
-- to work for further flourishing of the
noblest and worthiest of worldly values such as justice, liberty and equality,
-- to declare solemnly that he will owe his
life and body to the state in the interests of the Union of Myanmar.
xxxxxx
[Other emoluments]
Esteemed delegates,
...all the delegates...have proposed that a
basic principle should be laid down for the President of the
On studying the proposal made by the
intelligentsia and intellectuals delegates group for laying down a basic
principle that as the President of the Union is a person of high honour, it is
not appropriate for the President to take part in party politics or accept any
other office or position or emolument on retirement, the President become an
ordinary citizen again like he was before taking the position of a President
and if restrictions are imposed on him not to take part in party political
activities and avoid accepting other office or position of emolument it will
amount to restricting his original rights.
Hence, it is appraised that a basic principle
should be laid down for the President of the
xxxxxx
[Lists of assets]
Esteemed delegates,
...all the delegates groups...discussed...
that a basic principle should be laid down requiring the President of the Union
and the Vice-Presidents to furnish lists of assets, namely family owned land,
houses, buildings, businesses, savings and other valuables and stating their
values, belonging to the respective families led by them and to send them to
the leader of the Pyidaungsu Hluttaw. However, it is seen that some delegates
proposed that a period should be fixed to furnish the lists and to include them
in the gazette to enable the public to know. These proposals are found to be
procedural.
The Shan Nationalities League for Democracy
proposed that it should be carried out by enacting a separate law and should not
be included in the Constitution. It is also found on studying the separate laws
are enacted based on the principles contained in the Constitution.
Hence, according to the proposals submitted
by the various delegates groups and delegates, it is appraised that a basic
principle should be laid down for the President of the Union and the
Vice-Presidents to furnish lists of assets namely family owned land, houses,
buildings, businesses, savings and other valuables, stating their values
belonging to the respective families led by them and to send them to the Head
of the Pyidaungsu Hluttaw.
xxxxxx
[Residences and pensions]
Esteemed delegates,
...the various delegates groups...have
proposed that a basic principle should be laid that the President of the
Moreover, if the President of the
Hence, the President of the
It is to be appraised that a basic principle
should also be laid down that the President of the
xxxxxx
[Responsibilities and duties]
Esteemed delegates,
In connection with the responsibilities and
duties of the President of the
-- "the President of the
[Impeachment]
Esteemed delegates,
...the delegates groups agree...that the
basic principles should be laid down for impeachment of the President or
Vice-President for any of the following:--
- Treason,
- Violation of the principles of State
Constitution
- Misconduct.
In addition to these three offences to
impeach the President or a Vice-President ...the intelligentsia and
intellectuals delegates group has proposed that one more offence as
"Nullity of the qualifications prescribed by the State Constitution for
the President" should be laid down.
It is appraised that if one of the
qualifications prescribed for the President in the State Constitution is found
to be absent, it is a cause to impeach the President or a Vice-President as the
President or a Vice-President shall not have the right to be in office. It is
also appraised that all delegates groups agree...in connection with laying down
principles with regard to the procedures and provisions for impeachment of the
President or a Vice-President.
In connection with the offences, procedures
and provisions to impeach the President or a Vice-President, it is appraised
that the basic principles should be laid down as follows:--
(1) The President or a Vice-President can be
impeached for any of the following offences:
(a) Treason,
(b) Violation of the provisions prescribed in
the State Constitution.
(c) Misconduct,
(d) Nullity of the qualifications of the
President or the Vice-President prescribed in the State Constitution.
(2) If it is necessary to impeach the
President or a Vice-President, the proposal signed by not less than one fourth
the total membership of any of the two Hluttaws included in the Pyidaungsu
Hluttaw is to be submitted to the Head of the respective Hluttaw.
(3) Only when supported by not less than
two-thirds the total membership of respective Hluttaw, further action shall be
taken.
(4) When the charge has been pressed by one
Hluttaw, the other Hluttaw shall investigate the charge or cause it to be
investigated by a body.
(5) The President or a Vice-President shall
have the right to appear or to be represented at the investigation of the
charge and be given chance to refute it.
(6) If, as a result of the investigation, a
resolution be passed, supported by not less than two-thirds of the total
membership of the Hluttaw by which the charge was investigated or caused to be
investigated, declaring that the charge has been sustained and that the
offence, the subject of the charge, was such as to render the President or the
Vice-President unfit to continue in office, that Hluttaw should submit it to
the Head of Pyidaungsu Hluttaw to remove the President or the Vice-President
from office.
(7) Immediately thereupon, the Head of
Pyidaungsu Hluttaw shall proceed to proclaim removal of the President or the
Vice-President from office.
[Vacancies]
Esteemed delegates,
...with regard to the matter of how to
proceed if the post of the President or the Vice-Presidents falls vacant due to
his resignation or any other reason, the delegates groups have approved...basic
principles....
It is therefore appraised that if the post of
the President or a Vice-President falls vacant during the term of office due to
his resignation, death, inability to discharge the powers and duties of the
office or any other cause, the basic principles should be laid down as:--
(1) The President or Vice-President shall
have the right to resign from office of his own volition before the expiry of
the term of office.
(2) One of the two Vice-Presidents who has
won second highest votes in the presidential election shall serve as Acting
President if the post of the President if the post of President falls vacant
due to his resignation, death, inability to discharge the powers and duties of
the office or any other cause before the expiry of the term of office.
(3) If the vacancy comes about while
Pyidaungsu Hluttaw is in session, the Acting President shall promptly inform
the Head of Pyidaungsu Hluttaw for filling it within seven days.
(4) On receipt of the information, the Head
of Pyidaungsu Hluttaw shall move for electing a Vice-President by the electoral
college which elected the Vice-President who got elected President but has
vacated the Presidency.
(5) After election of a new Vice-President
there will be altogether three Vice-Presidents out of which one shall be
elected to the office of the President in accord with the wishes of the
representatives of Pyidaungsu Hluttaw.
(6) If the vacancy comes about at a time when
the Pyidaungsu Hluttaw is not in session, the Head of Pyidaungsu Hluttaw shall
summon a Hluttaw session within 21 days of the date of receipt of the
intimation from the Acting President, and carry on for filling the vacant
Presidency in the way mentioned above.
I hereby conclude. (NLM 4/9)
Clarification by U Aung Toe
Apr. 9 [full text]: Chairman of the National
Convention Convening Work Committee U Aung Toe clarified the matter of laying
down principles to form basis for the chapters on the State the State Structure
and the Head of State to be included in the drafting of the State Constitution
at the Plenary Session of the National Convention today.
The following is a translation ["basic
principles" in boldface--HCMacD.].
Esteemed delegates to the National
Convention,
I extend my best wishes for wellbeing in mind
and body and all auspiciousness for the delegates to the National Convention.
As known to the delegates, the principles to
form basis in formulating State fundamental principles in drafting the State
Constitution have already been laid down. It has also been discussed and agreed
by the delegate groups that, from among these principles, those that should be
included under the chapters on the State, the State Structure and the Head of
State should be transferred thereunder. Moreover, it is found the delegate
groups have openly expressed their views bringing out principles to be included
in detail under these chapters.
It is also found that from among the
proposals presented, relevant ones have been collected and objectively
appraised by the Panel of Chairmen of the Plenary Session of the National
Convention.
So, on the basis of the proposals of the
delegates and the appraisals of the Panel of Chairmen, detailed principles that
should be laid down, within the framework of the six objectives of the National
Convention and the already adopted basic principles, were submitted by the
National Convention Convening Work Committee to the National Convention
Convening Commission. As the principles so submitted have been approved by the
National Convention Convening Commission, the basic principles to be laid down
for the chapters of the State, the State Structure and the Head of State will
now be presented and clarified.
[Chapter on "The State"]
In connection with the chapter on the State,
the basic principles that have been already adopted are as follows:
(1) Myanmar Naing-Ngan is a sovereign,
independent nation;
(2) The State shall be known as Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw;
(3) Sovereign power of the State is derived
from the citizens and is in force in the whole country;
(4) The territory of the State is as it is on
the day this Constitution is adopted.
[Land, sea and airspace]
In connection with the fourth principle,
addition of the words "inclusive of the land, sea and airspace of the
State" was proposed by the delegates concerned and also appraised as
appropriate by the Panel of Chairmen. Such addition is not contrary to the
already adopted basic principle but makes it more complete. So, with that
addition, it is laid down that "the territorial boundary inclusive of the
land, sea and airspace of the State is as it is on the day the State
Constitution comes into force."
[A land of many national races]
Esteemed Chairman,
The delegate groups have pointed out that
Myanmar is a nation inhabited by various national races collectively together
since time immemorial, that there are slight variations in languages, cultures,
topographical conditions of the lands of the nationals inhabiting the Myanmar
Naing-Ngan but the very fact that all of the many nations have been living
unitedly together is the beauty and splendour of Myanmar Naing-Ngan-Daw and its
people, that a study of the chapter of the State in the State Constitution
should right away make it clear that Myanmar Naing-Ngan is a nation inhabited
by intermingling national races, and that, accordingly, it should be mentioned
that the Pyidaungsu Thamada Myanmar Naing-Ngan-Daw is a nation collectively
inhabited by various national races. The Panel of Chairmen too has appraised
that these should be included as a basic principle in the chapter on the State.
So, in accord with the discussion by the
delegates and the appraisal by the Panel of Chairmen, a basic principle is
hereby laid down to the effect that "the Naing-Ngan-Daw is a nation
collectively inhabited by various national races."
[Chapter on "The State Structure"]
Esteemed Chairman,
In connection with the State Structure, the
already adopted basic principles are as follows:
(1) the State is constituted by Pyidaungsu (
(2) the existing seven divisions are
designated seven regions and the existing seven states are designated seven
states. Those seven regions and seven states are of equal status and authority.
(3) the names of those seven regions and
seven states are retained as they are at present.
(4) if it is desired to change the name of a
region or a state, it shall be done so with enactment of the 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 go regions or states;
(6) depending on size of population and
inhabited area, they are to be prescribed as self-administered divisions or
self-administered zones as suitable. A commission responsible for prescribing
so is to be formed by the State;
(7) no part of the territory of the
In my clarification at the Plenary Session of
the National Convention held on 18 January 1994, I explained that, if there
were principles that should be included in detail within the framework of the
already adopted basic principles in the chapter on the State Structure, they be
discussed and proposed by the delegates.
[Seven regions and seven states]
In the clarification, I also explained that
in accord with the already adopted basic principles, a principle should
additionally be laid down, as follows:
(1) The State is delineated and constituted
with the seven regions and seven states as follows:
--
--
--
--
--Sagaing Region
--Tanintharyi Region
--Bago Region
--Magway Region
--
--
--
--
--
--Ayeyarwady Region
(2) Regions and States are of equal status
and authority.
Esteemed Chairman,
It was proposed by the delegates and endorsed
by the Panel of Chairmen that the basic principle "The State is
constituted by the Pyidaungsu (
In connection with the principle "The
existing seven regions are designated regions and the existing seven states are
designated seven states. Those seven regions and seven states are of equal
status and authority," it is found that my clarifications have been
supported by the delegates groups and endorsed by the Panel of Chairmen. Those
discussions were found to be in accord with the already adopted basic
principles. so, in accord with the discussions of the delegates and appraisals
of the Panel of Chairmen, principles to form basis are laid down as follows
with the addition of names of regions and states.
(1) The State is delineated and constituted
with the seven regions and seven states as follows:
--
--
--
--
--Sagaing Region
--Tanintharyi Region
--Bago Region
--Magway Region
--
--
--
--
--
--Ayeyarwady Region
(2) Regions and States are of equal status
and authority.
[Name changes of regions or states]
Esteemed Chairman,
In connection with the already adopted
principle "If it is necessary to change the name of a region or a state,
it shall be done so with enactment of law after ascertaining the wishes of the
citizens residing in the region or state concerned" it was proposed by the
delegates that it should be included in the chapter on the State Structure. It
was appraised by the Panel of Chairmen that, to be more precise, the clause
'who have the right to vote' should be added to the term 'the citizens' as
proposed by one delegate group. It is found to be appropriate.
So, the clause 'who have the right to vote'
will be added and the principle "If it is desired to change the name of a
region or a state, it shall be done after ascertaining the wishes of the
citizens who have the right to vote and are residing in the region or state
concerned" will be transferred to the chapter on the State Structure.
[No secession]
Esteemed Chairman,
As proposed by the delegates and appraised by
the Panel of Chairmen, the already adopted principle "no part of the
territory of the
[Self-administered areas; decisions deferred]
Esteemed Chairman,
Basic principles have been laid down to the
effect that "in regions or states, self-administered areas are to be
prescribed for national races who reside together in communities on the same
common stretches of land in appropriate sizes of population, other than
national races who have already got regions or states", "depending on
size of population and inhabited area, they are to be prescribed as
self-administered divisions or self-administered zones as suitable," and
"a commission responsible for prescribing so is to be formed by the
State".
In connection with this, I explained at the
Plenary Session of the National Convention held on 18 January 1994 that the
State's setting up a commission for prescribing self-administered divisions or
self-administered zone was a procedural matter, that the will to act for the
national brethren to get their due rights expeditiously was bound to be
unanimous in all the delegates to the National Convention, and that,
accordingly, if the National Convention delegates themselves discussed and
prescribed 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 the 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 would be
pleased and it would further consolidate national unity.
[Proposals for self-administered areas]
In connection with this, I will review some
discussions of the delegates.
[Naga] A Naga national delegate in the
national race delegates group proposed that Naga Hill Tract Hkamti District's
[Danu] Danu national delegates in the
national race delegates group proposed that Ywangan Township, Pindaya Township,
Kalaw Township, Yaksauk Township, Nawnghkio Township, three village-tracts in
Taunggyi Township, Monglon area in Kyaukme Township in Shan State, and some
villages of two village-tracts in Thazi Township, Mandalay Division should be
rendered contiguous and prescribed as self-administered division for Danu
nationals.
[Pa-O] Pa-O national delegates in the
national race delegates group proposed that Taunggyi Township, Hopong Township,
Hsiseng Township, Yawnghwe Township, Kalaw Township, Pinlaung Township, Yaksauk
Township, Loilem Township, Namhsan Township, Mongnai Township, Maukmai
Township, Langhkio Township, Mongpan Township, Laicha Township, Mongkaing
Township, etc. inhabited by Pa-O nationals mostly be prescribed as a
self-administered division for Pa-O nationals.
[Ta-Arng (Palaung)] Ta-Arng Palaung national
delegates in the national race delegates group proposed that Namkham Township,
Kutkai Township, Namtu Township, Namhsan Township, Kyaukme Township, Hsipaw
Township west sector and north sector, Manton (new town), Mong Ngau (new town),
Mongmit Township, and Mogok Township's Ta-Arn Palaung village-tracts should be
taken together and prescribed as self-administered division for Ta-Arng
(Palaung) nationals.
[Kayan] Kayan national delegates in the
national race delegates group proposed inclusion of a constitutional provision
that will make it possible to prescribe a self-administered zone for Kayan
nationals who had been spread in three States and one Division because of the
infamous division perpetrated by British colonialists, despite the fact that
Kayan nationals had been living closely together previously.
[Kachin lowlanders/Putao] Four national
delegates from Kachin State in the national race delegates group proposed on
the basis of area that Mohnyin Township, Mogaung Township, Kamaing Township,
Bhamo Township, Shwegu Township, Mansi Township be taken together and
prescribed as Kachin State low land z self-administered zone and that Putao
area of Kachin State be prescribed as a self-administered zone.
[Wa] Wa national delegate in the national
race delegates group proposed inclusion of a basic principle in the chapter on
the State Structure being written now for prescribing 17 townships in Mongmau
District, Panyang District, Kengtung District, Mongping District and Monghpyak
District as self-administered division for Wa nationals.
[Kachins in Shan] Kachin national delegate
from Shan State (North) Lashio Township in the national race delegates group
proposed, with reference to expanse of territory, that self-administered area
be prescribed for Kachin nationals in Shan State (North) and if it cannot be
done in any way the Kachin nationals in Shan State (North) be not included in
any national race's self-administered zone but kept under the direct
administration of Shan State.
[Akha] The national race delegate from
[Inntha] Two national race delegates from
Shan State (South) in the national race delegates group proposed that the
National Convention lay down principle to prescribe Inle area as
self-administered special area for Inntha nationals or Union territory directly
administered by the Union (central) government.
[Khami] Khami national delegate in the
national race delegates group proposed that Paletwa area be prescribed as
Paletwa Hill Tract self-administered division.
[Kayan] The Kayan delegate in the other
invited persons' group proposed that some Division and State boundaries be
redemarcated so as to constitutionally group together the Kayan nationals who
are actually grouped together on contiguous areas and that the Kayan national
area that would consequently come into existence be incorporated into Kayah State
for utmost convenience.
[Kokang] The delegate from
[Wa] The delegate from Shan State (North)
special area (2) proposed that the National Convention lay down as a principle
to form basis in writing the new State Constitution, to prescribe for Wa
nationals a self-administered division directly administered by the central
government like the self-administered Chin Special Division pending attainment
of Chin Statehood.
[Shans in Sagaing and Kachin] The delegate
from Shan State (North) special area (3) proposed that it should be taken up to
consideration if there are proposals submitted to prescribe suitable
self-administered divisions or self-administered areas also for Tailian, Tinay,
Taihsa, Taihkamti, Taikadu, Taiganan, Taihkwam etc. that belong to Shan
national race, who are closely together inhabiting upper Sagaing Division and
lower Kachin State.
[Akha/Lwe] The delegate from Shan State
(North) special area (4) proposed that the special area (4) be prescribed as
self-administered division and that this division will have Akha
self-administered district, Shan self-administered district and Lwe
self-administered district set up within it.
[Kachins in Shan] A delegate from Shan State
(North) special area (5) proposed that self-administered division of Kachin
nationals under leadership and guidance of the Government of the Union be
prescribed in Shan State (North) for Kachin nationals of special area (5)
although they already have Kachin State.
[Pa-O] The delegate from
[Ta-Arng (Palaung)] The delegate from Shan
State (North) special area (7) proposed that, as Ta-Arng (Palaung) are living
in Mogok Township, Kyaukme Township, Hsipaw Township west sector and north
sector, Namtu Township, Mongmit Township, Kutkai Township, Namhkam Township and
Namhsan Township, closely together on contiguous areas of inhabitation, a
self-administered division should be prescribed for Ta-Arng (Palaung)
nationals, giving references to the expanse of territory.
[Kholon Lishaw] One delegate in the other
invited persons' group proposed that it should be considered how it will be
arranged if there is sizeable population and common area of inhabitation of
Kholon Lishaw nationals who mostly live grouped together along Namhkam Kutkai
hill tracts, if they do not qualify to have self-administered zone.
[Monwun] A delegate in the other invited
persons' group proposed that the area of Monwun be so designated as in the case
of other national groups and prescribed as of a suitable status.
The National Unity Party in the political
parties delegates group stated that points submitted by the party were only for
consideration in prescribing self-administered areas and demarcating boundaries
and proposed that it would be more appropriate to prescribe them after scrutiny
with broad participation of representatives of nationals of the areas concerned
in practice.
[Pa-O] Union Pa-O National Organization
specially requested National Convention delegates to help with amity and
sympathy for prescribing self-administered divisions and self-administered
zones for Pa-O and other national brethren.
[Kokang] Shan State Kokang Democratic Party
proposed that self-administered division for Kokang nationals be prescribed
openly and clearly in this State Constitution being written.
[Khami] Mro (or) Khami National Solidarity
Organization proposed that some townships in
[Lahu] Lahu National Development Party proposed
that
[Kayin] Union Kayin League proposed that
"exclusive of Kayin State" be added as an exception to the clause
"other than national races who already got their regions or states"
and that if Pa-O, Palaung, Danu, Lahu, Akha, Wa, Kokang, Mro (or) Khami, Naga,
Lisu and other deserving races of their own will desire self-administration it
should be granted as they desire.
[Kokang] Kokang Democracy and Unity Party
said it submits a proposal to seek opinion openly and sincerely at the National
Convention for prescribing
[Wa] Wa National Development Party submitted
that whether Wa State or Wa region, areas are prescribed by the National
Convention or by a commission as a state or only as a self-administered
division for Wa nationals, they wanted direct access with the Union Government,
and not through any Region or State Hluttaw, so as to get the right to shape
their own destiny, within the framework of policies to be laid down by the
State, for political, economic, social, administrative and regional development
of their self-administered area.
National League for Democracy proposed
emphatically that the Government of the Union work through formation of a
commission for the matter of prescribing self-administered division or zone,
and generally that the commission be formed with leaders of the country,
national race leaders recognized by the national races residing in the areas
concerned and experts.
Shan Nationalities League for Democracy
submitted that the clause "other than national races who have already got
states" should not be included, that if it is considered necessary to
prescribe area for Mro (or) Khami in Rakhine State, it is necessary also to
prescribe self-administered area for delta Kayins in Ayeyarwady Division,
different from east Kayins because the population of delta Kayins is bigger
than the population of Kayin State, and likewise, national areas should be
prescribed for Chin nationals and Naga nationals in Magway Division west sector
and Sagaing Division west sector, national group areas should be prescribed for
Mon nationals in Kayin State, and it is specially necessary to prescribe state
or self-administered division for Tailai nationals in upper Sagaing Division
and lower Kachin State.
Shan State Kokang Democratic Party delegate
and independent delegates in the representatives-elect group submitted that
self-administered areas be prescribed for Kokang, Danu, Pa-O, Palaung, Bamar,
Wa etc. nationals in Shan State, for Chin, Kuki Chin and Naga Chin nationals in
Sagaing Division, and for Asho Chin and Mro nationals in Magway Division and
Rakhine State.
The independent representative from Kya-in
Seikkyi Constituency No. (1) and the independent representative from Ywangan
Constituency submitted that a commission be formed in connection with the
matter of prescribing self-administered division or self-administered zone.
[Decisions postponed to next session]
Esteemed Chairman,
At the Plenary Session of the National
Convention held on 18 January 1994, I explained that in regions or states, in
addition to national races who have got Regions or States, there are other
national races as well, that some national races have appropriate populations
and are found to be residing close together on the same stretches of land, that
self-administered division or self-administered zone is to be prescribed on the
basis of size of population and area of land of those nationals, and that the
National Convention delegates themselves were to discuss whether or not the
National Convention should prescribe right away for the national brethren to
get their due rights expeditiously.
I have now presented excerpts from discussion
of delegate groups, political parties and some delegates in connection with
adoption of principles to form basis in prescribed self-administered divisions
or self-administered zones so that they may be seen all together.
In studying these discussions, it is seen
that national races who have submitted proposals for prescribing
self-administered divisions or self-administered zones are considerably
numerous.
Moreover, it is seen that some areas
submitted to be prescribed as self-administered divisions or self-administered
zones of various national races are overlapping one another. Some have proposed
that these self-administered divisions or self-administered zones be placed
under direct administration of the President of the
The proposals made by the delegates as they
spoke out their minds openly along with the clarifications of reasons are, as
appraised by the Panel of Chairmen, so numerous and extensive it is necessary
to take time to deal with them. It is also appraised that it is still necessary
to take time and scrutinize the proposals on prescribing self-administered
divisions or self-administered zones to see if they are in accord with the
already adopted principles or not.
So I would like to submit that it is not yet
appropriate to lay down principles to form basis in connection with prescribing
self-administered divisions or self-administered zones at the current Plenary
Session of the National Convention and in view of explanations given here the
matter under discussion of laying down principles thereon will be discussed and
coordinated in continuation at the National Convention session to be reconvened
next time.
[Subdivisions of Union]
Esteemed Chairman,
In connection with the State Structure, the
delegates in their discussions concurred that a basic principle should be laid
down to constitute the Union, as in my clarification. In so doing the State
service personnel group has proposed in addition to laying down a basic
principle to the effect that Regions, States and Union territories shall be
together constituted as the Union. The Panel of Chairmen too has appraised that
it would be appropriate to lay down as proposed.
Accordingly, in connection with the State Structure,
basic principles are laid down in constituting the Union as follows:
-- villages are organized into village-tract,
-- wards are organized into town or township,
-- village-tracts and wards or towns are
organized into township,
-- townships are organized into district,
-- districts are organized into region or
state,
-- in a self-administered zone townships
therein are organized into the self-administered zone,
-- in self-administered division townships
therein are organized into district and districts are organized into the
self-administered division,
-- if there be self-administered division or
self-administered zone in a region or a state, the self-administered division,
self-administered zone and districts are organized into region or state,
-- regions, states and Union territories are
organized as the Union.
[Re-delineation of national territory]
Esteemed Chairman,
Based on the discussions of the National
Convention delegates and appraisals of the Panel of Chairmen, principles to
form basis in connection with re-delineation of the territorial boundary of the
Union in the chapter on the State Structure are laid down as follows:
(1) if the need arises to re-delineate the
territorial boundary of the Union, the President of the Union shall first inform
the leader of the Pyidaungsu Hluttaw and ask him to seek the opinion of the
Pyidaungsu Hluttaw,
(2) the leader of the Pyidaungsu Hluttaw,
after receiving the intimation of the President of the Union to re-delineate of
the territorial boundary of the Union, shall seek the opinions of the Hluttaw
representatives as follows:
(a) assenting votes of more than half the
total number of representatives included in the Hluttaw with equal numbers of
representatives elected from regions and states,
(b) assenting votes of more than half the
total number of representatives included in the Hluttaw elected on the basis of
population,
(c) assenting votes of more than half the
number of representatives from the region or state involving the boundary
concerned in the two Hluttaws,
(3) the leader of the Pyidaungsu Hluttaw,
after obtaining the assenting votes as mentioned above, shall inform the
President of the Union for re-delineating the territorial boundary of the
Union,
(4) if any Hluttaw or representative from the
region or state involving the boundary concerned in the two Hluttaws, following
the methods mentioned above, dissent in connection with the re-delineation of
the territorial boundary of the Union, action shall be taken after obtaining
the opinion of the Pyidaungsu Hluttaw. If the three-fourths and upwards of the
Pyidaungsu Hluttaw representatives assent, the leader of the Pyidaungsu Hluttaw
shall inform the President of the Union for the re-delineation of the
territorial boundary of the Union as necessary,
(5) the President of the Union shall take
necessary measures for re-delineation of the territorial boundary after
obtaining the opinions of the Pyidaungsu Hluttaw.
[State/Region boundaries]
Esteemed Chairman,
Based on the discussions of the National
Convention delegates and appraisals of the Panel of Chairmen on the methods
that should be applied if there arises the need to re-delineate the territorial
boundary of a region or a state, the following basic principles are laid down
to be stated in the chapter on the State Structure:
(1) if there arises cause to re-delineate the
boundary of a region or a state, first of all the wishes of persons with voting
rights residing in the township involved in the re-delineation of the boundary
shall be sought,
(2) re-delineation of the territorial
boundary shall not be effected at all without supporting vote of more than half
the total number of eligible voters residing in the township involved in the
re-delineation of the boundary,
(3) if more than half the number of eligible
voters in the township concerned vote in support of the re-delineation of the
boundary, the wishes of the involved region or state Hluttaw representatives
shall be sought,
(4) the President of the Union, with the approval
of the Pyidaungsu Hluttaw, shall re-delineate the territorial boundary of a
region or state, after getting the supporting vote of three-fourths and upwards
of the total number of involved region or state Hluttaw representatives,
(5) the decision of the Pyidaungsu Hluttaw
shall be sought if an involved region or state Hluttaw passes a decision
against re-delineation of the boundary,
(6) the President of the Union shall
re-delineate the boundary of the region or state as necessary if it supported
by three-fourths and upwards of the total number of representatives in the
Pyidaungsu Hluttaw.
[Local boundary or name changes]
Esteemed Chairman,
Based on the discussions and proposals of the
National Convention delegates and appraisals of the Panel of Chairmen in
connection with re-delineation of the boundary, organization and change of name
of a village, village-tract, ward, town, township and district in a region,
state, self-administered division or self-administered zone, the following
basic principle is laid down to be stated in the chapter on the State
Structure:
If occasion arises to make changes in the
boundary, organization or name of a village, village-tract, ward, town,
township or district in a region, state, self-administered division or
self-administered zone, the region or state executive authority concerned shall
submit recommendations to the President of the Union, and the President of the
Union shall then act accordingly.
[Self-administered area names]
Esteemed Chairman,
Based on the discussions and proposals of the
delegate groups and appraisals of the Panel of Chairmen in connection with the
methods to be applied if it is desired to change the name of a
self-administered division or self-administered zone, a basic principle is laid
down as follows and it will be stated in the chapter on the State Structure:
If it is desired to change the name of a
self-administered division or self-administered zone, the same methods shall be
applied as in the case of a change of name of the region or state.
[Union territories]
Esteemed Chairman,
Based on the discussion of the National
Convention delegates and appraisals of the Panel of Chairmen in connection with
designating Union territories to be placed under the direct administration of
the President of the Union, the following basic principles are laid down:
(1) Yangon City, that is the Capital of the
Union, is designated as Union territory under direct administration of the
President of the Union,
(2) Cocogyun Township which has a special
situation is designated as Union territory and under direct administration of
the President of the Union,
(3) if the need arises to designate areas
that have special situation in connection with national defence, security, administration
and economy etc. as Union territories they may be so designated as Union
territories under direct administration of the President of the Union after
enacting laws.
The principles will be stated in the chapter
on the State Structure. Where I have earlier presented the principle "The
Union shall be delineated and constituted with seven regions and seven
states", the Union territories to be placed under direct administration of
the Union" will be added as necessary, to read "The Union shall be delineated
and constituted with seven regions, seven states and Union territories."
[Chapter on "The Head of State"]
[Role of President]
Esteemed Chairman,
The principles that will form basis in the
chapter on the Head of State shall now be presented. The basic principle
"The Head of State is the President of the Union" has already been
laid down. Moreover, the delegates have discussed and proposed that the
following principles to form basis should be laid down:
(1) the President of the Union represents the
nation,
(2) the President of the Union is national
leader of all the citizenry,
(3) the President of the Union occupies a
position of the highest honour in the whole of the Union of Myanmar.
However, some delegates have discussed and
suggested that it would not be appropriate to state in the Constitution that
the President of the Union is the national leader of all the citizenry. The
Panel of Chairmen has taken into account of these discussions with seriousness
and then appraised that the principle, "The President of the Union is the
national leader of all the citizenry" should not be laid down to form
basis. Based on the discussions of the delegates and appraisals of the Panel of
Chairmen, the following principles to form basis are laid down:
(1) the President of the Union represents the
nation,
(2) the President of the Union occupies a
position of the highest honour in the whole of the Union of Myanmar.
In addition to the principle, "The Head
of State is the President of the Union" which has already been laid down,
the two principles just laid down will be stated in the chapter on the Head of
State.
[Qualifications of President and
Vice-Presidents]
Esteemed Chairman,
Qualifications of the President and the Vice-Presidents
to be stated in the chapter on the Head of State will now be presented.
Based on the discussions and proposals of the
National Convention delegates and appraisals of the Panel of Chairmen, the
following principles to form basis are laid down in connection with
qualifications of the President of the Union and Vice-Presidents in the chapter
on the Head of State:
(1) the President of the Union shall be loyal
to the Union and the citizenry,
(2) the President of the Union must be a
citizen of Myanmar who was, and both of whose parents were, born in the
territory under the jurisdiction of the State, belonging to the nationality of
Myanmar,
(3) the elected President of the Union shall
be a person who has fully attained the age of 45,
(4) the President of the Union shall be well
acquainted with affairs of State such as political, administrative, economic
and military affairs,
(5) 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,
(6) the President of the Union himself,
parents, spouse, children and their spouses shall not owe allegiance to a
foreign power, shall not be subject of a foreign power or citizen of a foreign
country. They shall not be persons entitled to the rights and privileges of a
subject or citizen of a foreign country.
(7) the President of the Union shall possess
specific qualifications required of the President in addition to qualifications
required to stand for election to the Hluttaw,
(8) the Vice-President shall possess
qualifications required of the President.
[Electoral college]
Esteemed Chairman,
All the National Convention delegates have
already heard the discussions of the various delegate groups and appraisals of
the Panel of Chairmen in connection with the election of the President and the
Vice-Presidents. Based on the proposals of the National Convention delegates
and appraisals of the Panel of Chairmen, the following principles to form basis
are laid down in connection with the formation of the presidential electoral
college, election of the President and Vice-Presidents and promulgation of the
law for presidential election to be stated in the chapter on the Head of State:
(1) the President of the Union shall be
elected by the presidential electoral college,
(2) the presidential electoral college shall
be organized with three groups of the Pyidaungsu Hluttaw representatives as
follows:
(a) Group formed with elected Hluttaw
representatives in the Hluttaw with equal numbers of representatives elected
from regions and states,
(b) Group formed with elected Hluttaw
representatives in the Hluttaw elected on basis of population,
(c) Group formed with Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services for the said two Hluttaws,
(3) each group shall elect a Vice-President
from among Hluttaw representatives or from among persons who are not Hluttaw
representatives,
(4) a body comprising the leaders and deputy
leaders of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether
or not the Vice-President possess the qualifications prescribed for the
President,
(5) the presidential electoral college made
up of all the Pyidaungsu Hluttaw representatives shall vote one of the three Vice-Presidents
who are presidential candidates, as the President of the Union,
(6) law shall be enacted as required for
presidential election.
[Presidential term and re-election]
Esteemed Chairman,
Based on the discussions and proposals of the
National Convention delegates and appraisals of the Panel of Chairmen in
connection with designating the duration of the term and the number of terms
for the President of the Union, the following principles to form basis are laid
down and to be stated in the chapter on the Head of State:
(1) the term of office of the President or
the Vice-Presidents is five years,
(2) after expiry of incumbent term, the
President and Vice-Presidents shall carry on in office till the time the new
President and Vice President are duly elected,
(3) the President and Vice-Presidents shall
not serve more than two terms,
(4) an interim period to serve as the
President or Vice-President shall not be counted as one term of office,
(5) if a vacancy is filled for the presidency
or vice-presidency for any reason, the term of office of the President or the
Vice-President shall be up to the end of the original term of office.
[Activities of President or Vice-Presidents]
Esteemed Chairman,
Based on the discussions of the National
Convention delegates and appraisals of the Panel of Chairmen, the following
principles to form basis are laid down to be stated in connection with the
President and Vice-Presidents in the chapter on the Head of State:
(1) the President or the Vice-Presidents
shall not be representatives of any Hluttaw,
(2) if a Hluttaw representative be elected
President or Vice-President, this person shall be deemed to have resigned from
his seat in the Hluttaw, and if a service personnel be elected President or
Vice-President, the persons shall be deemed to have resigned or retired from
the date of such election,
(3) if a person elected President or
Vice-President happens to be member of a political party, this person shall not
participate in party activities of that party organization, from the date of
such election, during the term of office.
[Oath of office]
Esteemed Chairman,
Before assuming responsibilities, the
President or the Vice-Presidents have to take oath of office. The President and
the Vice-Presidents of our nation, too, should begin carrying out their
respective duties only after taking oath of office before the Pyidaungsu
Hluttaw representatives.
As to how they should take the oaths of
office is usually prescribed in the Constitution. So, based on the appraisals
of the National Convention delegates and the Panel of Chairmen in connection
with the taking of oaths of office of the President and Vice-Presidents, the
basic principle should be laid down to include the following points in taking
of oaths of office by the President and the Vice-Presidents:
(1) to be loyal to the Union of Myanmar and
the citizenry,
(2) to hold always in esteem
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuation of sovereignty,
(3) to uphold and abide by the State
Constitution and to abide by laws of the State,
(4) to carry out the responsibilities
uprightly to the best of one's ability,
(5) to strive for further flourishing of
worldly values such as justice, liberty and equality,
(6) to solemnly declare and pledge dedication
of life and person to the service of the Union of Myanmar.
[Responsibilities, rights, and privileges]
Esteemed Chairman,
Based on the proposals of the National
Convention delegates and appraisals of the Panel of Chairmen on the exercise of
responsibilities, rights and privileges of the President and the
Vice-Presidents, the following principles to form basis are laid down:
(1) the President or the Vice-Presidents
shall exercise responsibilities and rights assigned and vested by the
Constitution and other laws,
(2) the President and the Vice-Presidents
shall not accept any other office or position of emolument,
(3) the President and the Vice-Presidents
shall furnish lists of assets namely family owned land, houses, buildings,
businesses, savings and other valuables--stating their values --belonging to
the respective families led by them and send them to the leader of the Pyidaungsu
Hluttaw,
(4) the President and the Vice-Presidents
shall be entitled to enjoy the emolument and facilities of office, in accord
with law. Each shall also be entitled to have a suitable residence,
(5) except in the case of removal from office
following impeachment, the President and the Vice-Presidents shall enjoy
pension and appropriate allowances on retirement after expiry of the term of
office.
[Impeachment]
Esteemed Chairman,
Based on the proposals of the National
Convention delegates and appraisals of the Panel of Chairmen in connection with
methods to be applied in impeachment of the President or the Vice-President,
the following principles to form basis are laid down in the chapter on the Head
of State:
(1) the President or any Vice-President shall
be impeached for one of the following reasons:
(a) treason,
(b) violation of the provisions of the
Constitution,
(c) misconduct,
(d) being disqualified for the Presidency or
Vice-Presidency under the Constitution,
(2) if it is desired to impeach the President
or any Vice-President, not less than one-fourth of the total membership of any
of the two Hluttaws included in the Pyidaungsu Hluttaw is to sign a charge and
submit it to the leader of the Hluttaw concerned,
(3) further action shall be taken if not less
than two-thirds of the total membership of the Hluttaw concerned support the
charge,
(4) if one Hluttaw supports to take action in
connection with the charge, the other Hluttaw shall investigate the charge or
form a body to investigate the charge,
(5) the President or the Vice-President shall
have the right to refute the charge personally or through a representative when
it is investigated,
(6) if not less than two-thirds of the total
membership of the Hluttaw by which the charge was investigated or caused to be
investigated, declares after the investigation that the charge has been
sustained and then decides that the offence, the subject of the charge, is such
as to render the President or the Vice-President unfit to continue in office,
that Hluttaw shall submit it to the leader of the Pyidaungsu Hluttaw to remove
the President or Vice-President from office,
(7) the leader of the Pyidaungsu Hluttaw
shall proclaim removal of the President or Vice-President immediately after the
receipt of the information.
[Resignation or vacancy]
Esteemed Chairman,
Based on the discussions of the National
Convention delegates and appraisals of the Panel of Chairmen on the methods to
be applied if the post of the President or Vice-President falls vacant before
the expiry of the term of office due to resignation, death, permanent
disability to discharge duties or any other cause, the following principles to
form basis are laid down in the chapter on the Head of State:
(1) the President or the Vice-President shall
be allowed to resign from office of his own volition before the expiry of the
term of office,
(2) one of the two Vice-Presidents who has
own the second highest votes in the presidential election shall serve as Acting
President if the post of the President falls vacant due to his resignation,
death, permanent disability or any other cause,
(3) if the vacancy of the President comes
about while the Pyidaungsu Hluttaw is in session, the Acting President shall
promptly inform the lead of the Pyidaungsu Hluttaw for filling it within seven
days,
(4) on receipt of the intimation, the leader
of the Pyidaungsu Hluttaw shall move for electing of a Vice-President by the
representatives group which had elected the Vice-President who later got
elected President but who vacated the Presidency,
(5) after the representatives group concerned
has elected a Vice-President, the electoral college made up of all the
Pyidaungsu Hluttaw representatives shall elect the President of the Union out
of three Vice-Presidents,
(6) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw
shall summon a Pyidaungsu Hluttaw session within 21 days from the date of
receipt of the intimation from the Acting President, and carry on for filling
the vacant presidency in the way stated above,
(7) if the post of a Vice-President falls
vacant due to resignation, death, permanent disability or any other cause while
the Pyidaungsu Hluttaw is in session, the President shall promptly inform the
leader of the Pyidaungsu Hluttaw to enable the Hluttaw representatives group
which has elected the just vacated Vice-President to elect a new Vice-President
within seven days,
(8) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw
shall summon the Pyidaungsu Hluttaw session within 21 days, and carry on for
the filling of the Vice-Presidency by the Hluttaw representatives group in the
prescribed method.
Final Compilation of Principles
[Final compiled list of basic principles]
Out of the basic principles to form basis
already laid down in connection with the chapter headings on the State, the
State Structure and the Head of State, those to be transferred to the relevant
chapter, those added to them and detailed principles of the respective chapters
shall be presented.
[THE STATE]
Principles to form basis in connection with
the chapter on the State are--
(1) Myanmar Naing-Ngan is a sovereign,
independent nation;
(2) The State shall be known as Pyidaungsu Thamada
Myanmar Naing-Ngan-Daw;
(3) The Naing-Ngan-Daw is a nation
collectively inhabited by various national races together;
(4) Sovereign power of the State is derived
from the citizens and is in force in the whole country;
(5) the territorial boundary inclusive of the
land, sea and airspace of the State is as it is on the day the State
Constitution comes into force.
[THE STATE STRUCTURE]
Principles to form basis in connection with
the chapter in the State Structure are--
(1) The State is constituted by Pyidaungsu
(Union) system;
(2) The State is delineated and constituted
with the seven regions, seven states and Union territories as follows:
--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
(3) 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 after ascertaining the wishes of the
citizens who have the right to vote and residing in the region or state
concerned;
(5) No part of the territory of the Union,
namely regions, states, Union territories and self-administered areas etc.
shall ever secede from the Union;
(6) In organizing the Union --
-- villages are organized into village-tract,
-- wards are organized into town or township,
-- village-tracts and wards or towns are
organized into township,
-- townships are organized into district,
-- districts are organized into region or
state,
-- in a self-administered zone townships
therein are organized into the self-administered zone,
-- in self-administered division, townships
therein are organized into district and districts are organized into the
self-administered division,
-- if there be self-administered division or
self-administered zone in a region or a state, the self-administered division,
self-administered zone and districts are organized into region or state,
-- regions, states and Union territories are
organized as the Union.
(7) In connection with re-delineation for the
territorial boundary of the Union--
(a) If the need arises to re-delineate the
territorial boundary of the Union, the President of the Union shall first
inform the leader of the Pyidaungsu Hluttaw and ask him to seek the opinion of
the Pyidaungsu Hluttaw.
(b) The leader of the Pyidaungsu Hluttaw,
after receiving the intimation of the President of the Union to re-delineate of
the territorial boundary of the Union, shall seek the opinions of the Hluttaw
representatives as follows:
(1) assenting votes of more than half the
total number of representatives included in the Hluttaw with equal numbers of
representatives elected from regions and states,
(2) assenting votes of more than half the
total number of representatives included in the Hluttaw elected on the basis of
population,
(3) assenting votes of more than half the
number of representatives from the region or state involving the boundary
concerned in the two Hluttaws.
(c) The leader of the Pyidaungsu Hluttaw,
after obtaining the assenting votes as mentioned above, shall inform the
President of the Union for re-delineating the territorial boundary of the
Union.
(d) If any Hluttaw or representative from the
region or state involving the boundary concerned in the two Hluttaws, following
the methods mentioned above, dissent in connection with the re-delineation of
the territorial boundary of the Union, action shall be taken after obtaining
the opinion of the Pyidaungsu Hluttaw. If the three-fourths and upwards of the
Pyidaungsu Hluttaw representatives assent, the leader of the Pyidaungsu Hluttaw
shall inform the President of the Union for the re-delineation of the territorial
boundary of the Union as necessary.
(e) The President of the Union shall take
necessary measures for re-delineation of the territorial boundary after
obtaining the opinions of the Pyidaungsu Hluttaw.
(8) In connection with re-delineation of the
territorial boundaries of a region or a state--
(a) If there arises cause to re-delineate the
boundary of a region or a state, first of all the wishes of persons with voting
rights residing in the township involved in the re-delineation of the boundary
shall be sought.
(b) Re-delineation of the territorial
boundary shall not be effected at all without supporting vote of more than half
the total number of eligible voters residing in the township involved in the
re-delineation of the boundary.
(c) If more than half the number of eligible
voters in the township concerned vote in support of the re-delineation of the
boundary, the wishes of the involved region or state Hluttaw representatives
shall be sought.
(d) The President of the Union, with the
approval of the Pyidaungsu Hluttaw, shall re-delineate the territorial boundary
of a region or state, after getting the supporting vote of three-fourths and
upwards of the total number of involved region or state Hluttaw
representatives.
(e) The decision of the Pyidaungsu Hluttaw
shall be sought if an involved region or state Hluttaw passes a decision
against re-delineation of the boundary.
(f) The President of the Union shall
re-delineate the boundary of the region or state as necessary if it supported
by three-fourths and upwards of the total number of representatives in the
Pyidaungsu Hluttaw.
(9) If occasion arises to make changes in the
boundary, organization or name of a village, village-tract, ward, town,
township or district in a region, state, self-administered division or
self-administered zone, the region or state executive authority concerned shall
submit recommendations to the President of the Union, and the President of the
Union shall then act accordingly.
(10) If it is desired to change the name of a
self-administered division or self-administered zone, the same methods shall be
applied as in the case of a change of name of the region or state.
(11) In connection with designating Union
territories--
(a) Yangon City, that is the Capital of the
Union, is designated as Union territory under direct administration of the
President of the Union,
(2) Cocogyun Township which has a special
situation is designated as Union territory and under direct administration of
the President of the Union,
(3) if the need arises to designate areas
that have special situation in connection with national defence, security,
administration and economy etc. as Union territories they may be so designated
as Union territories under direct administration of the President of the Union
after enacting laws.
[THE HEAD OF STATE]
Principles to form basis in connection with
the chapter on the Head of State--
(1) The Head of State is the President of the
Union.
(2) The President of the Union represents the
nation.
(3) The President of the Union occupies a
position of the highest honour in the whole of the Union of Myanmar.
(4) In connection with qualifications of the
President and Vice-Presidents--
(a) The President of the Union shall be loyal
to the Union and the citizenry,
(b) The President of the Union must be a
citizen of Myanmar who was, and both of whose parents were, born in the
territory under the jurisdiction of the State, belonging to the nationality of
Myanmar,
(c) The elected President of the Union shall
be a person who has fully attained the age of 45,
(d) The President of the Union shall be well
acquainted with affairs of State such as political, administrative, economic
and military affairs,
(e) 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,
(f) The President of the Union himself,
parents, spouse, children and their spouses shall not owe allegiance to a
foreign power, shall not be subject of a foreign power or citizen of a foreign
country. They shall not be persons entitled to the rights and privileges of a
subject or citizen of a foreign country,
(g) The President of the Union shall possess
specific qualifications required of the President in addition to qualifications
required to stand for election to the Hluttaw,
(h) The Vice-President shall possess
qualifications required of the President.
(5) In connection with the election of the
President and the Vice-Presidents--
(a) The President of the Union shall be
elected by the presidential electoral college,
(b) The presidential electoral college shall
be organized with three groups of the Pyidaungsu Hluttaw representatives as
follows:
(1) Group formed with elected Hluttaw
representatives in the Hluttaw with equal numbers of representatives elected
from regions and states,
(2) Group formed with elected Hluttaw
representatives in the Hluttaw elected on basis of population,
(3) Group formed with Tatmadaw member Hluttaw
representatives nominated as such by the Commander-in-Chief of the Defence
Services for the said two Hluttaws,
(c) Each group shall elect a Vice-President
from among Hluttaw representatives or from among persons who are not Hluttaw
representatives,
(d) A body comprising the leaders and deputy
leaders of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether
or not the Vice-President possess the qualifications prescribed for the
President,
(e) The presidential electoral college made
up of all the Pyidaungsu Hluttaw representatives shall vote one of the three
Vice-Presidents who are presidential candidates, as the President of the Union,
(f) Law shall be enacted as required for
presidential election.
(6) In connection with the terms of office of
the President of the Union or Vice-Presidents--
(a) The term of office of the President or
the Vice-Presidents is five years,
(b) After expiry of incumbent term, the
President and Vice-Presidents shall carry on in office till the time the new
President and Vice President are duly elected,
(c) The President and Vice-Presidents shall
not serve more than two terms,
(d) An interim period to serve as the
President or Vice-President shall not be counted as one term of office,
(e) If a vacancy is filled for the presidency
or vice-presidency for any reason, the term of office of the President or the
Vice-President shall be up to the end of the original term of office.
(7) The President or the Vice-Presidents
shall not be representatives of any Hluttaw,
(8) If a Hluttaw representative be elected
President or Vice-President, this person shall be deemed to have resigned from
his seat in the Hluttaw, and if a service personnel be elected President or
Vice-President, the persons shall be deemed to have resigned or retired from
the date of such election,
(9) If a person elected President or
Vice-President happens to be member of a political party, this person shall not
participate in party activities of that party organization, from the date of
such election, during the term of office,
(10) In taking oath of office by the
President and Vice-Presidents, the following points are to be included:
(a) to be loyal to the Union of Myanmar and
the citizenry,
(b) to hold always in esteem
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuation of sovereignty,
(c) to uphold and abide by the State
Constitution and to abide by laws of the State,
(d) to carry out the responsibilities
uprightly to the best of one's ability,
(e) to strive for further flourishing of
worldly values such as justice, liberty and equality,
(f) to solemnly declare and pledge dedication
of life and person to the service of the Union of Myanmar,
(11) The President or the Vice-Presidents
shall exercise responsibilities and rights assigned and vested by the
Constitution and other laws,
(12) The President and the Vice-Presidents
shall not accept any other office or position of emolument,
(13) The President and the Vice-Presidents
shall furnish lists of assets namely family owned land, houses, buildings,
businesses, savings and other valuables --stating their values--belonging to
the respective families led by them and send them to the leader of the
Pyidaungsu Hluttaw,
(14) The President and the Vice-Presidents
shall be entitled to enjoy the emolument and facilities of office, in accord
with law. Each shall also be entitled to have a suitable residence,
(15) Except in the case of removal from
office following impeachment, the President and the Vice-Presidents shall enjoy
pension and appropriate allowances on retirement after expiry of the term of
office.
(16) In connection with methods to be applied
in impeachment of the President or the Vice-President--
(a) The President or any Vice-President shall
be impeached for one of the following reasons:
(1) treason,
(2) violation of the provisions of the
Constitution,
(3) misconduct,
(4) being disqualified for the Presidency or
Vice-Presidency under the Constitution,
(b) If it is desired to impeach the President
or any Vice-President, not less than one-fourth of the total membership of any
of the two Hluttaws included in the Pyidaungsu Hluttaw is to sign a charge and
submit it to the leader of the Hluttaw concerned,
(c) Further action shall be taken if not less
than two-thirds of the total membership of the Hluttaw concerned support the
charge,
(d) If one Hluttaw supports to take action in
connection with the charge, the other Hluttaw shall investigate the charge or
form a body to investigate the charge,
(e) The President or the Vice-President shall
have the right to refute the charge personally or through a representative when
it is investigated,
(f) If not less than two-thirds of the total
membership of the Hluttaw by which the charge was investigated or caused to be
investigated, declares after the investigation that the charge has been
sustained and then decides that the offence, the subject of the charge, is such
as to render the President or the Vice-President unfit to continue in office,
that Hluttaw shall submit it to the leader of the Pyidaungsu Hluttaw to remove
the President or Vice-President from office,
(g) The leader of the Pyidaungsu Hluttaw
shall proclaim removal of the President or Vice-President immediately after the
receipt of the information.
(17) The President or the Vice-President
shall be allowed to resign from office of his own volition before the expiry of
the term of office,
(18) In connection with the methods to be
applied if the post of the President or Vice-Presidents falls vacant--
(a) one of the two Vice-Presidents who has
own the second highest votes in the presidential election shall serve as Acting
President if the post of the President falls vacant due to his resignation,
death, permanent disability or any other cause,
(b) if the vacancy of the President comes
about while the Pyidaungsu Hluttaw is in session, the Acting President shall
promptly inform the lead of the Pyidaungsu Hluttaw for filling it within seven
days,
(c) on receipt of the intimation, the leader
of the Pyidaungsu Hluttaw shall move for electing of a Vice-President by the
representatives group which had elected the Vice-President who later got
elected President but who vacated the Presidency,
(d) after the representatives group concerned
has elected a Vice-President, the electoral college made up of all the
Pyidaungsu Hluttaw representatives shall elect the President of the Union out
of three Vice-Presidents,
(e) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw
shall summon a Pyidaungsu Hluttaw session within 21 days from the date of
receipt of the intimation from the Acting President, and carry on for filling
the vacant presidency in the way stated above,
(f) if the post of a Vice-President falls
vacant due to resignation, death, permanent disability or any other cause while
the Pyidaungsu Hluttaw is in session, the President shall promptly inform the
leader of the Pyidaungsu Hluttaw to enable the Hluttaw representatives group
which has elected the just vacated Vice-President to elect a new Vice-President
within seven days,
(g) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw
shall summon the Pyidaungsu Hluttaw session within 21 days, and carry on for
the filling of the Vice-Presidency by the Hluttaw representatives group in the
prescribed method.
Now, as principles to form basis for the
chapters on the State, the State Structure and the Head of State to be included
in the State Constitution have been successfully laid down, I would like to
express thanks to all the Convention delegates and the Panel of Chairmen who
had collected and appraised the discussions by the Convention delegates.
As I have explained earlier about the manner
of laying down principles to form basis for prescribing self-administered
divisions and self-administered zones, as it is still under discussion, it is
to be further discussed in continuation at the National Convention when it
reconvenes next time. With this I conclude.
(NLM 4/10)
Closing
Speech by Lt-Gen. Myo Nyunt
Apr. 9 [full text]: The following is a
translation of the address delivered by Chairman of the National Convention
Convening Commission Lt-Gen. Myo Nyunt at the Plenary Session of the National
Convention today.
Esteemed delegates to the National
Convention,
I extend the best wishes for the well-being
of the delegates in body and mind.
We are coordinating and discussing matters to
seek ideas to obtain principles to form basis in writing an enduring State
Constitution that is in need for motherland.
At the National Convention reconvened on 18
January 1994, three of the chapter headings, namely those of the State, the
State Structure and the Head of State, have been discussed and coordinated in
respective delegates' groups with cordiality to full satisfaction and proposal
papers have been prepared by these groups and also by some individual
delegates, and thereafter, their papers--altogether 53 of them in 1,532
pages--have been presented at the Plenary Session of the National Convention
held from 23 to 31 March.
The 53 proposal papers so presented have been
summarized and appraisals in respect to each of the basic principles have been
prepared by the Panel of Chairmen comprehensively in 864 pages and it has been
presented at the Plenary Session of the National Convention from 5 to 8 April.
And, in connection with the detailed
principles that should be laid down within the framework of the six objectives
of the National Convention and the already adopted basic principles, the National
Convention Convening Work Committee submitted to the National Convention
Convening Commission the principles that should be laid down on the basis of
proposals of the delegates and appraisals of the Panel of Chairmen. These
principles were approved by the National Convention Convening Commission.
Principles to be laid down in connection with the chapters on the State, the
State Structure and the Head of State have just a while ago been presented and
explained by the Chairman of the National Convention Convening Work Committee.
At the Plenary Session of the National
Convention, the opinions of the groups and individual delegates have been heard
by all the delegates. Moreover, the appraisal of the Panel of Chairmen and the
points laid down by the National Convention Convening Work Committee in
connection with principles to form basis have been made known comprehensively
and clearly.
One remarkable point about the National
Convention is repletion of points of views in coordinating and bringing out
principles to form basis, that are indispensably needed for emergence of a
State Constitution, that is the great national political task.
Among the delegates, just as there are
representatives of political parties, there are also representatives-elect. And
these persons possess different kinds of experience and knowledge. Some are
persons who have taken part in political activities since the times of the
struggle for independence.
Moreover, there are also national races'
delegates, peasant delegates, worker delegates and intellectual and
intelligentsia delegates. It is noted that generally, they are persons rich in
experience in administrative, economic and social spheres.
Likewise among the State service personnel
delegates, just as there are persons well versed in administrative, economic,
social and legal fields, there are senior army, navy and air force officers of
the Tatmadaw who have for a long time been carrying out the duties of the State
loyally and dutifully.
Also in the group of other invited persons,
it is seen, there are national race leaders from respective special regions.
These persons have been taking part in discussions and presenting proposals
enthusiastically in amity at the National Convention.
Many delegates at the National Convention are
persons who had mature and varied experiences accumulated throughout their
lives, encountering and overcoming all sorts of problems. They are also ones
who become adept through personal struggle and experience of highly valuable
lessons taught by the great institution of learning that is Myanmar human
society.
We realize and understand that some
delegates, because of limitations in experiences in life they have come across,
are to some extent wanting in complete and correct perception and appraisal in
some matters.
Be as it may, I would like to say that we
appreciate and respect the delegates' discussing matters and making proposals
centred on the six objectives to obtain the required basic principles, on the
basis of lessons learnt through service in close conjunction with the life of
the nation and the people.
Esteemed delegates,
We aspire for the emergence of a new State in
future, and we aspire for the new State to be a developed and modernised one replete
with the burgeoning of the noblest and worthiest of worldly values and
prevalence of peace and harmony. We are convinced that the delegates too have
this aspiration.
So, we need to be broadminded and far-sighted
in laying down principles to form basis to build new State of the future,
without centring on self-interest, without attaching interest of one's group or
faction, without adopting narrow outlooks for one's own race to get more
opportunities.
Just as we have seriously coordinated for
obtaining chapter headings, we have also coordinated and brought out principles
to form basis in laying down State fundamental principles and obtained basic
principles desired by most.
We all have worked in all seriousness for
obtaining such headings and basic principles, expending a great deal of time
and efforts and incurring monetary expense to the nation.
So with due regard of time, we need to carry
on, state by stage, for achieving steady progress. If matters concerning the
chapters ahead were to be taken up unnecessarily for discussion now, it will
slow down progress and realization of the objectives of the National
Convention.
If there is talk, not free of infliction
[sic], about other alien ideas inappropriate with the six objectives and the
basic principles already laid down, instead of carrying on with discussions for
step-by-step, steady progress, it will amount to wasting valuable time of the
delegates.
So, it is requested for all of us to make it
worthwhile and make progress without contradicting or deviating from the
essence of the already obtained basic principles with due respect to the
procedures of the National Convention, and not to bring up the already
presented matters again and again.
It is necessary for all to cooperate
straightforwardly and unitedly, within a due course of time, to completely
obtain detailed basic principles that reflect the interest of the nation and
the people to the highest degree--free of error, any fault or any deviation--in
what we have to do.
Esteemed delegates,
To say clearly and candidly, the main
objective of wanting the Tatmadaw representatives' participation in the
national political leadership role in future so as to always safeguard national
interest. The Tatmadaw's endeavours for peace, stability, unity and progress
must be safeguarded and the momentum of economic and social progress must be
maintained. It is also the desire of the Tatmadaw to strive with pure goodwill
to enable any government that emerges in future to function stably.
Moreover, the aim is for the Tatmadaw to be
able to safeguard on the long term the results of endeavours made to bring
about national unity and harmony after internal insurgency that had persisted
all along in the post-Independence years, in other words, after long
deterioration of national solidarity, the results of endeavours that had won
confidence and cooperation of organizations of national brethren who have
fostered amity again and come to join hands now, has to be upheld.
There is no reason for the Tatmadaw to take a
risk so much as to permit a deterioration once again of the situation of
stability, peace and tranquillity so achieved in the country. When governments
concerned could not solve arising political problems through political means,
the Tatmadaw had to intervene high [sic] the three national causes to bring
about stability and tranquillity in the country. In such a move, confrontation
amongst ourselves is unavoidable and there arose cause for the Tatmadaw to feel
hurt. From inherent goodwill not to have such a state of affairs going on for
long springs the noble aim for the Tatmadaw to participate as a force in the
future national leadership role.
Among various concepts of ways to strive for
betterment in affairs of the nation, those which are suitable and beneficial to
our nation are to be accepted. All matters should be guided by sensibility and
mindfulness to achieve compatibility with the objective situation prevailing in
the country.
We have already agreed basically on
constituting the existing seven Divisions and seven States as the seven Regions
and seven States of equal status and authority, delegating the sovereign
powers--legislative, executive and judicial powers--also to them, and
constituting the self-administered divisions or self-administered zone for
national races who have not get regions or states on the basis of stipulations
about there having to be appropriate sizes of population and contiguous areas
of inhabitation.
As we have reached this stage, presentation
of thoughts that should be no more among our national brethren, concepts that
smack of total strangers, and negative pessimistic ideas in the way of harmony
among the national races should be avoided.
Esteemed delegates,
At this Plenary Session of the National
Convention, it was seen that the delegates with keen interest submitted
proposals in connection with designating self-administered divisions and
self-administered zones. As explained by the Chairman of the National
Convention Convening Work Committee, in connection with the matter of
designating self-administered divisions and self-administered zones, the matter
will be taken up in continuation when the National Convention reconvenes next
time.
Esteemed delegates,
You have been carrying out National
Convention duties away from your families and your respective duties for a long
time. As the New Year Thingyan Festival sacred to Myanmars is now approaching,
we have arranged so that you can go back home for some rest.
We would also like to urge you to make the
most of opportunity available, during the recess of the National Convention, to
conduct studies so that you will be able to offer good advice and suggestions
in connection with the chapter headings legislative, executive and judicial
matters along with the matter of designating self-administered divisions and
self-administered zones.
Esteemed delegates,
The National Convention will go into recess
beginning 10 April 1994. It will be reconvened on 2 September 1994.
I conclude with wishes to meet again with all
delegates in good health and happiness.
(NLM 4/10)