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. 9, September 1994
NATIONAL
CONVENTION
National Convention Plenary Session
Lt-Gen. Myo Nyunt's Opening Speech
U Aung Toe's Clarifications
Self-administered areas and zones
Legislatures
National Executive
Region/State governments
Self-administered area governments
Union Territory administration
Judiciary
NATIONAL
CONVENTION
National
Convention Plenary Session
Aug. 31: Delegates to the reconvening plenary
session of the National Convention continued to arrive. (NLM 9/1) // Sept. 1:
More delegates arrived. Variety dances were staged for the delegates at Saya
San Hall, Kyaikkasan Grounds. (NLM 9/2)
Sept. 2: The Plenary Session of the National
Convention reconvened at the Central Conference Hall on the President's
Residence compound on
Fourteen newsmen from NKH news agency based
in
An opening speech was given by Lt-Gen. Myo
Nyunt, and a very lengthy {reproduced in NLM over several days} clarification
by U Aung Toe. [Reported separately below] [photos] (NLM 9/3)
Sept. 5: Members of the Panels of Chairmen of
the various delegates group met to discuss self-administered areas and chapters
on legislative, executive and judicial affairs. Workers: will meet again Sept.
6; Political parties: will meet again Sept. 9; Representatives-elect: will meet
again Sept. 8; Nationalities: will meet again Sept. 7; State service personnel:
arrangements for compilation of papers were discussed; Other invited persons:
heard from the chairman. (NLM 9/6)
Sept. 6: Five delegates groups met, to
discuss dates for submitting papers on self-administered areas to the Panel of
Chairmen: Peasants: agreed on Sept. 14; Workers: Sept. 12; Intelligentsia and
Intellectuals: Sept. 14; State service personnel: will meet again Sept. 16;
National races: Sept. 14. (NLM 9/7)
Sept. 7: One delegate group met. National
races: papers to be submitted Sept. 14. (NLM 9/8)
Sept. 8: One group met.
Representatives-elect: delegates discussed compiling proposal papers. The
representatives of several parties announced dates for submitting their papers.
(NLM 9/9)
Sept. 9: One group met: Political parties:
delegates discussed preparation of Party papers. (NLM 9/10)
Sept. 12: Three groups met. Workers: Panel of
chairmen met; State service personnel; Panel of Chairmen met; Other invited
persons: Panel of Chairmen met. (NLM 9/13)
Sept. 13: One delegate group met: Other
invited persons. (NLM 9/14)
Sept. 15: One group met. Peasants: Panel of
Chairmen met, group discussions will be held Sept. 21; the chapters will be
explained Sept. 16. (NLM 9/16)
Sept. 16: Five groups met. Workers: will
continue Sept. 19; Intelligentsia and intellectuals: proposal committee to be
submitted Sept. 29; State service personnel: will resume Sept. 20-21. Other
invited persons: Panel of Chairmen met, will resume Sept. 19; National races:
Panel of Chairmen met, will resume Sept. 20-21. (NLM 9/17)
Sept. 19: Four delegate groups met. Workers;
State service personnel; Other invited persons: will hold Panel of Chairmen
coordination meeting Sept. 20; Political parties: fixed further dates for Party
papers, and the Panel of Chairmen will examine proposal papers on Sept. 21.
(NLM 9/20)
Sept. 20: Four groups met. Intelligentsia and
intellectuals: a coordination meeting of the Panel of Chairmen set for Sept.
26; State service personnel: coordination meeting set for Sept. 21; Other
invited persons: coordination meeting set for Sept. 22; National races:
coordination meeting set for Sept. 21. (NLM 9/21)
Sept. 21: Five groups met. Peasants:
coordination meeting set for Sept . 22; State service personnel: coordination
meeting held; Political parties: coordination meeting held, delegates will meet
Sept. 30; Representatives-elect: coordination meeting held, delegates will meet
Sept. 23; National races: coordination meeting held, various papers read, all
proposal papers due Sept. 29, delegates will meet Sept. 22. (NLM 9/22)
Sept. 22: Four groups met. Peasants:
delegates met and named sub-group to compile papers; State service personnel:
two sub-groups met to coordinate papers; Other invited persons: discussed
proposals; National races: papers were presented by different ethnic groups.
(NLM 9/23)
Sept. 23: Two groups met. State service
personnel: a sub-group met; Representatives-elect: The Panel of Chairmen met,
and will call delegates together on Oct. 3. (NLM 9/24)
Sept. 26: Four groups met. Intelligentsia and
intellectuals: A subgroup scrutinized proposal papers on self-administered
areas; State service personnel: Panel of Alternate Chairmen and subgroups
scrutinized papers; Other invited persons: Panel of Alternate Chairmen
scrutinized proposal papers on self-administered areas; Nationalities: Panel of
Alternate Chairmen scrutinized proposal papers on the legislature. (NLM 9/27)
Sept. 27: Three groups met. Workers: Panel of
Alternate Chairmen scrutinized proposal papers; State service personnel: A
subgroup compiled proposal papers; Other invited persons: Panel of Alternate
Chairmen scrutinized proposal papers on self-administered areas. Other groups
continued to work on papers. (NLM 9/28)
Sept. 28: Two groups met. State service
personnel: The Panel of Chairmen scrutinized proposal papers. Other invited
persons: Delegates heard various proposal papers. (NLM 9/29)
Sept. 29: Three groups met. Peasants: The
Panel of Chairmen scrutinized papers. Workers: The Panel of Chairmen
scrutinized papers. State service personnel: A Ministry of Defence subgroup met
to complete papers. (NLM 9/30)
Lt-Gen. Myo Nyunt's Opening Speech
Sept. 2: The following is the speech given by
Lt-Gen. Myo Nyunt at the opening session of the reconvened Plenary Session of
the National Convention [full text]:
Esteemed delegates to the National
Convention.
I express profound pleasure at seeing the
delegates assembled here all in good health for the Plenary Session of the
National Convention and ardent wishes for all to carry on with the tasks of the
National Convention hand in hand together with vigour in body and mind.
Esteemed delegates
Our ongoing National Convention is
systematically and seriously exercising consultations seeking positive ideas
and suggestions to obtain principles to serve as basis in writing the State
Constitution that is vitally required for the State.
As is known to all, great changes have taken
place right from the base in the country. Just as it is changing over,
especially in the political sphere, from single party leadership to multi-party
democracy, so also it is, in the economic field, from a centrally-controlled
economy towards a market economy that encourages the private sector.
So also in social system and administrative
system, there have to be changes in practices from the very base, so as to be
in conformity with the changed political system.
At such a time as the present when deep and
profound changes have taken place in political, economic, social, administrative
and other spheres, emergence of a new State Constitution has become an absolute
necessity.
It is highly necessary for the new State
Constitution to be one that is really workable, that can truly promote the
interests of the people inclusive of all national races, that is in conformity
with the conditions that have newly emerged after cessation of old political,
economic, social and administrative systems.
The 1947 Constitution and the 1974
Constitution had emerged in accord with their times and after some periods of
time had become no longer viable in the changed conditions. The Constitution we
are going to write now has to be ever-lasting and capable of forever promoting
the interests of the citizens of the country.
In formulating policies and objectives and
along with them, important working styles, for building a new nation, it is
necessary for all -- political party delegates, representatives-elect, national
races delegates, peasant delegates, worker delegates, intellectual and
intelligentsia delegates, services [sic] personnel delegates and other invited
persons -- to work together in co-operation, participate in discussions and
contribute ideas and suggestions. Only when the new nation can so be built on
the base of national solidarity will there be unity and peace in the new
nation.
Peace and unity are reciprocally
contributory. For our Myanmar Naing-Ngan to be abreast of others all round
amidst the nations of the world, it needs to be a modern nation. And only when
we achieve rapid political, economic and social development will a modern
nation emerge. That is why, it will be seen by all, the State Law and Order
Restoration Council is striving today with priority to achieve national
solidarity without fail.
If an objective review is made of the root
cause for the collapse of national solidarity, one will clearly find the events
that had taken place under parliamentary democracy since 1948-49. In those
times past, some organizations went out of the legal fold on political,
ideological or racial grounds. In that way, national solidarity got weakened
for over 40 post-independence years, as is known to all.
So, when political problems could not be
peacefully solved politically, our Tatmadaw had had to safeguard the nation
suffering much hardship and sacrificing many lives.
Now, in striving organizationally and
magnanimously to achieve national solidarity, our Tatmadaw is gaining great
success.
We will continue to strive with genuine
goodwill and true motives to bring the remaining underground armed groups to
come into the legal fold.
[Six Objectives]
Esteemed delegates
All along so far in the convening of the
National Convention, we all have held in highest esteem and carried out the six
objectives of the National Convention, namely
(a) non-disintegration of the
(b) non-disintegration of national solidarity
(c) perpetuation of sovereignty
(d) flourishing of a genuine multi-party
democracy system
(e) further flourishing of the noblest and
worthiest of worldly values namely justice, liberty and equality in the State
(f) for the Tatmadaw to be able to
participate in the national political leadership role of the future State
We will be having to carry on with implementation
of these six objectives at this plenary session of the National Convention as
well.
All these six objectives of the National
Convention are vital requisites for the emergence of the new democratic state.
[Role of Tatmadaw]
The sixth objective of the National
Convention, namely, "for the Tatmadaw to be able to participate in the
national political leadership role of the future State" is a vital
requisite for our Union of Myanmar.
Every Tatmadaw in every country has its own
history, each distinct on its own, depending on country. Particularly for
Myanmar Naing-Ngan, our Tatmadaw that had grown up waging the national
liberation struggles and carrying out the aspirations of the people is one of
true origin and one that has always been loyal to the people.
As it developed closely with the process of
historical development, the Tatmadaw has always discharged it duties well, with
daring and sacrifice for the people. Members of the Tatmadaw too have always
been united solidly and fully. Moreover, the Tatmadaw has been able to strive
organizationally, farsightedly and magnanimously and achieve unprecedented
success in strengthening national solidarity at present, as seen by the
delegates. The responsibility to safeguard and perpetuate such success in
national solidarity rests on the shoulders of all citizens inclusive of the
Tatmadaw.
In the national political leadership role
that is to further Our Three Main National Causes that are of primary
importance for smooth progress along the future course of the State, and to
strive for stable and grand development of the new democratic State,
representatives of the people who will be elected when the times comes and that
Tatmadaw which is in the nature of perpetual representative of the people by
virtue of its origin as well as by virtue of its present stand are to strive
hand in hand together shouldering responsibilities as they fall on them.
Esteemed delegates
In the previous plenary sessions of the
National Convention, we have laid down 104 principles to serve as basis, and
detailed principles to serve as basis in the chapters of "The State",
"The State Structure" and "The Head of State".
It will also be seen, most hearteningly, that
these principles to form basis and detailed principles to form basis are in
accord with the six objectives of the National Convention.
In continuing with our discussions at the
current session of the National Convention too, it is necessary to contribute
ideas and suggestions in accord with the six objectives of the National
Convention true to the past tradition. It is necessary to clearly present only
ideas that are truly desirable, consistent and relevant, and refrain from
discussions contrary to the basic principles already obtained earlier.
[Agenda]
Esteemed delegates
The agenda of the National Convention going
on from today is firstly for discussions on the subject of
"self-administered areas" as it had been declared the discussions
thereon would continue as they had not been finished in the course of
discussions on the State Structure.
After that, discussions are to be held on
"The Legislature" "The Executive" and "The
Judiciary" from among the chapter headings we have prescribed.
These matters are not isolated ones but
interrelated. so, for the convenience of the delegates in discussion to bring
out basic principles as regards these three chapter headings of legislative,
executive and judicial matters, the Chairman of the National Convention
Convening Work Committee will be explaining the relevant matters today the
opening day of the plenary session of the National Convention.
Only then will the delegates be able to have
a comprehensive understanding of important points of the three chapter headings
and carry on with systematic discussions on each heading in the group
discussions.
[Keep to the subject! Don't harm solidarity!]
Esteemed delegates
We are architects to build the new nation.
With great farsightedness, we must strive to obtain basic principles that will
practically promote the fundamental interests of all national races of our
country.
So it is necessary for all to give positive
and constructive ideas based on the spirit of broad solidarity. It is also
necessary to be in accord with procedures of the National Convention in
carrying on with their discussions. I would like to request all not to repeat
again and again thoughts, ideas and pronouncements far removed from relevance
to the heading under discussion.
Moreover, it is necessary to especially take
care in the course of discussions not to cause any harm to the positive
foundations of solidarity of the national races that are the result of
endeavours of the State Law and Order Restoration Council.
Henceforth, in the ongoing discussions, we
would like the delegates to strive to obtain more of principles that will
contribute towards the solidarity of the national race, which is our immediate
as well as long-term need.
Esteemed delegates
In conclusion I would like to urge you all
-- to unswervingly uphold and implement the
six objectives of the National Convention, to the best of your ability
-- to cooperate patiently with farsightedness
and broadmindedness
-- to fully and seriously abide by the
procedures of the National Convention.
(NLM 9/3)
U Aung Toe's Clarifications
Sept. 2: The following is a translation of
the "clarification" given by Chairman U Aung Toe of the National
Convention Convening Work Committee [full text], as reproduced in NLM from
Sept. 3-7 [Note: throughout this text, the term "majority" appears to
be used for "plurality"--HCMacD.]:
Esteemed Chairman and delegates to the
National Convention,
I extend my best wishes for your wellbeing in
mind and body and all auspiciousness for the delegates to the National
Convention.
[Agenda]
The Panel of Chairmen appraised at the
Plenary Session of the National Convention on 6 April 1994 that it would take
time as proposals of the National Convention delegates on prescribing
self-administered areas (or) self-administered zones were many and extensive
and as they would be scrutinized if they were in accord with the principles
laid down or not.
In connection with the appraisal of the Panel
of Chairmen, I clarified at the Plenary Session of the National Convention on 9
April 1994 that the manner of laying down a principle to prescribe
self-administered areas and self-administered zones should not be carried out
at the time but the matter would be deliberated at the next Plenary Session of
the National Convention.
The Chairman of the National Convention
Convening Committee also urged all to make the most of opportunity available
during the recess to conduct studies to be able to offer good advice and
suggestions in connection with the chapters on legislative, executive and
judicial matters along with the matter of prescribing self-administered
divisions and self-administered zones when the National Convention resumed.
You are expected to have already conducted
studies to be able to offer good advice and suggestions as urged by the
Chairman of the National Convention Convening Commission. The National Convention
Convening Work Committee itself has conducted studies. Of the studies
conducted, we will first of all, clarify the points in connection with
prescribing self-administered divisions and self-administered zones.
[Self-administered
areas and zones:]
In giving suggestions at the previous Plenary
Session, some National Convention delegates, political parties and delegate
groups deliberated and proposed the terms—townships, districts and appropriate
size of population included in the principles already laid down to form a base.
Suggestions and proposals thus made were of much help in prescribing
self-administered divisions and self-administered zones. So, I will continue to
clarify matters in connection with the terms—townships, districts, appropriate
size of population and contiguous areas.
Base
In constituting the
-- ‘in a self-administered zone, townships
therein are organized into the self-administered zone’
-- ‘in a self-administered division, townships
therein are organized into districts and districts are organized into the
self-administered division’.
In the principles to form base, there will be
at least two townships as it is stated ‘townships’; and there will be at least
two districts as it is stated ‘districts’.
In prescribing self-administered areas, a
principle has been laid down to form base as:
-- ‘in regions or states, self-administered
areas are to be prescribed for national races who reside together in
communities on the same common [sic] stretches of land in appropriate sizes of
population, other than national races who have already got regions or states’.
The ‘appropriate sizes of population’ in the
basic principle becomes so when the population of the nationalities concerned
in the townships to be included in the self-administered area is the highest in
each township, and is more than half of the total population in the townships
concerned. ‘Contiguous areas’ signifies that territories of the townships
concerned are contiguous and there exist conditions to be contiguous.
I will further clarify each proposal out of
those submitted to the previous Plenary Session in connection with prescribing
self-administered divisions and self-administered zones, based on the terms I
have just clarified. In so doing, I will clarify the proposal for the
respective nationalities together if there are more than one proposal for a
national races [sic].
[Naga self-administered zone]
Esteemed Chairman,
National races delegates U Hla Pe (a) U Kam
Yam and U Khawla Saw of Sagaing Division proposed that a self-administered
division or a self-administered zone be prescribed for Naga nationals
organizing Hkamti Township, Homalin Township, Leshi Township, Lahe Township and
Namyun Township included in Hkamti District, Sagaing Division.
According to the data gathered by the
Immigration and Manpower Department dated
-- population of Namyun Township 56,598 Naga nationals 42,450
-- population of Lahe Township 40,903 Naga nationals 30,065
-- population of Leshi Township 15,139 Naga
nationals 10,942
-- total population of three townships
112,640 Naga nationals 83,457
These townships are situated contiguously. Hence,
there exist conditions favourable to prescribing the self-administered zone for
Naga nationals organized with Namyun, Lahe and
[Danu self-administered zone]
Esteemed Chairman,
National races delegates U Kyaw Zaw and U Mya
Than proposed that self-administered division or self-administered zone be
prescribed for Danu nationals organizing Ywangan Township, Pindaya Township,
Kalaw Township, Yaksauk Township, Nawnghkio Township, Taungledon village-tract,
Kyaukni village-tract and Bankan village-tract in Taunggyi Township, Monglong
area in Khaukme Township, six villages of Kyaunghsogon village-tract and four
villages of Legaung village-tract in Thazi Township, Mandalay Division.
According to data gathered by the Immigration
and Manpower Department, the townships where there are the highest number of
Danu population in the individual townships in Shan State, and where Danu
population is more than half of the total population are Nawnghkio, Ywangan and
Pindaya Townships. Danu population in each township and total population in
these townships are as follows:
-- population of Nawnghkio Township 104,302
Danu nationals 35,758
-- population of Ywangan Township 56,590 Danu
nationals 47,704
-- population of Pindaya Township 39,273
-- total population of three townships
220,714 Danu nationals 122,735
Out of those townships, it is found that
Nawnghkio Township is not adjacent to Ywangan Township nor to Pindaya Township.
Moreover, there exist no favourable conditions to be contiguous. Ywangan and
Pindaya Townships, however, are contiguous. It is therefore observed that there
are favourable conditions to prescribe a self-administered zone for Danu
nationals organized with Ywangan and Pindaya Townships.
[Pa-O self-administered zone]
Esteemed Chairman,
National races delegates U Hkun Thein Myint,
U Hkun Kyaw Thu and U Hkun Ko Maung of Shan State, U Hkun Win Naung of Kayin
State, U Aung Hkam Hti of Special Region 6 in southern Shan State and delegate
of the Union Pa-O National Organization U Aung Khin proposed that a
self-administered zone be prescribed for Pa-O nationals organizing Taunggyi,
Hopong, Hsiseng, Yawnghwe, Kalaw, Pindaya, Ywangan, Pekhon, Pinlaung, Yaksauk,
Loilem, Namhsan, Mongnai, Maukmai, Laungkhio, Mongpan, Laicha and Mongkaing
Townships in Shan State.
According to data gathered by the Immigration
and Manpower Department, the townships in which there are the highest number of
Pa-O population in the individual townships in Shan State, and where Pa-O
population is more than half the total population are only Hopong, Hsiseng, and
Pinlaung Townships. Pa-O population in each township and total population in
those townships are as follows:
-- population of Hopong Township 76,210 Pa-O
nationals 50,022
-- population of Hsiseng Township 80,253 Pa-O
nationals 51,011
-- population of Pinlaung Township 118,829
Pa-O nationals 88,072
Those townships are situated adjacent to one
another and there exist conditions favourable to be contiguous.
These townships are closely linked and there
are conditions for them to be on the same common stretches of land. Therefore,
it is seen that the situation of Hopong, Hsihseng and
[Palaung self-administered zone]
Esteemed Chairman,
Members of the national races delegate group
U Shwe Maung, U Nyunt Maung and U Aung Hsar and delegate U Ai Mong of Shan
State Special Region 7 have proposed that the villages in Namhkam, Kutkai,
Namtu, Namsang, and Kyaukme, and western and northern sectors of Hsipaw, Manton
Myothit, Mongngaw Myothit, Mongmit Townships in Shan State and Mogok Township
in Mandalay Division, where the Palaung nationals reside are to be organized together
and prescribed as self-administered zone for Palaung nationals.
According to the statistics compiled by the
Immigration and Manpower Department, out of the townships in Shan State, the
townships where the majority of the people are Palaung nationals and as well as
representing over half the population are Namsang and Manton Townships only.
The population of each township and total population of the two townships
are:--
-- population of Namsang Township 69,048
population of Palaung nationals 57,052
-- population of Mongton Township 29,274
population of Palaung nationals 15,322
-- total population of two townships 98,322
population of Palaung nationals 72,374
These townships are in the same common
stretches of land. Therefore it is seen that Namsang and Mongton townships have
the condition to be organized together and prescribed as a self-administered
zone for Palaung nationals.
[Kokang self-administered zone]
Esteemed Chairman,
National Convention delegate U Yan Kyakwai
(a) U Khin Maung San of Shan State Special Region 1 proposed that Kunlong,
Konkyan, Kutkai and
According to the statistics compiled by the
Immigration and Manpower Department, the townships where the majority of the
people are Kokang nationals and where their population is more than half the
total population of the townships are found to be Konkyan and
-- population of Konkyan Township 35,839
population of Kokang nationals 27,378
-- population of Laukkai Township 55,591
population of Kokang nationals 46,635
-- total population of two townships 91,430
population of Kokang nationals 74,013
These two townships are closely linked and
are on the same common stretches of land. Hence, the condition is such that
these two townships can be organized together and prescribed as
self-administered zone for Kokang nationals.
[Wa self-administered division]
Esteemed Chairman,
Representatives of national races delegates
of Shan State U Sai Paung Nat proposed that Mongmao, Pangwaing, Hopang,
Pangyang, Narphan, Manphant, Tangyang, Mongyang, Monghsu, Mongping, Mongkhat,
Kengtung, Mongyawng, Mongphyak, Tachilek, Mongtung and Monghsat Townships and
Mongkyet and Mongyaw village-tracts in Lashio Township in Shan State should be
organized together and prescribed as self-administered division of Wa
nationals. Representative of Shan State (North) Special Region 1 U Aung Myint
and representative of Wa National Development Party U Marcos (a) U Sai Lone made
a proposal for prescribing a Wa State or self-administered division for Wa
nationals.
According to the statistics compiled by the
Immigration and Manpower Department, the townships where the majority of the
population is Wa national and where more than half of the total population is
made up of Wa nationals are Hopang, Mongmao, Pangwaing, Narphan, Manphant and
Pangyang Townships. The population of each township and the total population of
the townships are:--
--
population of Hopong 70,720 population of Wa nationals 24,024
-- population of Mongmao 77,378 population of
Wa nationals 59,105
-- population of Pangwaing 33,418 population
of Wa nationals 25,526
-- population of Narphan 48,466 population of
Wa nationals 37,024
-- population of Manphant 50,592 population
of Wa nationals 38,644
-- population of Pangyang 51,895 population
of Wa nationals 24,145
-- total population of six townships 332,469
population of Wa nationals 208,468
These townships are closely linked and are
contiguous. Hence, it is seen that the condition is such that Hopang, Mongmao,
Pangwaing, Narphan, Manphant and
[Proposed Lahu self-administered zone]
Esteemed Chairman,
Representative of Lahu National Development
Party U Kyar Har Shel made a proposal that Mongpyin, Monghsat and Mongtung
townships in
According to the statistics compiled by the
Immigration and Manpower Department, it is seen that out of the townships in
n population of Monghsat 65,446 population of Lahu
nationals 25,156
It is necessary to have at least two
townships in a self-administered zone and the population of the national races
which will get the right to self-determination must be in majority in each of
the townships. Moreover, the population of the national races must be more than
half the total population of each township. The township where the Lahu
nationals are in the majority is only one and in the townships which are
contiguous to it, Lahu nationals are residing in a scattered manner. Hence, it
is seen that the conditions do not permit the prescribing of self-administered
zone for Lahu nationals.
However, it is seen that the population of
Lahu nationals in
[Proposed Inntha self-administered zone]
Esteemed Chairman,
National races delegates of Shan State U San
Tun Maung and U Ba Than have put up a proposal to organize together the entire
Inlay region in
According to the statistics compiled by the
Immigration and Manpower Department, there is only
n population of Nyaungshwe 237,243 population of Inntha
nationals 96,032
In a self-administered zone there must be at
least two townships and the national races which will have the right to get
self-administered zone must be in the majority in each of the townships as well
as more than half of the total population. Since there is only one township
where the Inntha nationals are in the majority and in townships which are
contiguous, the Inntha nationals do not reside in a community but in scattered
places. Hence, it is found that conditions to permit for Inntha nationals to
get a self-administered zone do not exist.
However, it is found that the population of
Inntha nationals in
[Proposed Kayan self-administered zone]
Esteemed Chairman,
National races delegate of Shan State U J Hla
Moe and U Gabriel Byan of Kayan group have proposed that a self-administered
zone be established for Kayan nationals, organizing under it in the are from
Pekhon Township to the southwestern tip of Pinlaung Township in Shan State,
Loikaw and Dimawhso Townships in the north-west of Kayah State, northern area
of Thandaung Township in Kayin State and eastern hill region of Pyinmana
Township in Mandalay Division.
According to the statement of Immigration and
Manpower Department, the only township in
In
-- the total population of
In
n the total population of
It is found that there is no township in
However, it is found that as the Kayan
population in Shan State is more than 480,000 and if it is an appropriate size
for participation in the Shan State legislature and administration, it is
opportune for participation in the Shan State legislature and administration as
Kayan national affairs representatives to manage their national race’s affairs.
[Proposed Akha self-administered zone]
Esteemed Chairman,
National races delegates of Shan State U
Peter Thaung Sein and U Ah Zi said in their proposal that there is no condition
to prescribe Akha nationals’ self-administered zone composed of Kengtung,
Monghkat, Mongyang, Mongphyak, Mongyang, Tachilek, Mongping and Metman Townships
in Shan State and however, there is an appropriate size of Akha population in
Mongma-Mongla area in the east of Kengtung Township and with it in the centre,
villages and village-tracts in four special regions be organized into Akha
nationals’ self-administered zone.
U Min Ein of Shan State Special Region 4
proposed that the special region be designated a special self-administered
division and under it, Akha self-administered district, Shan self-administered
district and Lwela self-administered district be organized.
According to the fundamental principle
concerning self-administered areas, there are two kinds—the self-administered
division and the self-administered zone. At least two townships are needed to
qualify for a self-administered zone. Just as each of them must have Akha
nationals in the majority, Akha population must also be more than half its
total population. There is no such township in Shan State in which the number
of Akha national residents is the largest. So, it is found that there is no condition
to prescribe an Akha nationals’ self-administered zone.
However, it is found that as the Akha
population in Shan State is more than 100,000 and if it is an appropriate size
for participation in region or state legislature and administration, it is
opportune for them to participate in the Shan State legislature and
administration as Akha national affairs representatives to manage their
national race’s affairs.
[Proposed Kachin self-administered division
in Shan State]
Esteemed Chairman,
National races delegate U Zote Dawng of Shan
State and U Mahtu Naw of Shan State (North) Special Region 5 have proposed that
the special region be designated self-administered division for Kachin
nationals in Shan State.
Kachin nationals are a national races [sic]
that already has its own state and so it is found that there is no condition
for Kachin nationals to get a self-administered division or self-administered
zone in Shan State.
However, it is found that as the number of
Kachin national residing in Shan State is more than 100,000 and if it is an
appropriate size for participation in the Shan State legislature and
administration, it is opportune for them to participate in the Shan State
legislature and administration as Kachin national affairs representatives to
manage their national race’s affairs.
[Proposed Tai-lai self-administered zone in
Kachin State and Sagaing Division]
Esteemed Chairman,
National races delegates U Kyaw Soe Lay, U
Saw I Tun, U Werei Ja and U Mangu Hta Thang of Kachin State have proposed that
a self-administered zone be prescribed for Shan national sub-races Tai-lon,
Tai-lian, Tai-lei and Tai-hkamti nationals after organizing under it Mohnyin,
Mogaung, Karmaing, Bhamo, Shwegu and Mansi Townships in Kachin State.
U Sai Naunt, a delegate of Shan State (North)
Special Region 3, has proposed that a suitable self-administered division or
self-administered zone be prescribed for Shan national stocks Tai-lian,
Tai-nei, Tai-I, Tai-hkamti, Tai-kadu, Tai-ganan and Tai-hkum nationals who reside
together in a community on the same stretch of area in southern Kachin and
supper Sagaing Division.
U Sai Soe Nyunt, on behalf of Shan
Nationalities League for Democracy, has proposed that Tai-lai State or Tai-lai
self-administered zone be prescribed after organizing under it all plains in
Bhamo, Momauk, Mansi and Shwegu Townships in Bhamo District, all plains in
Myitkyina, Waingmaw, Mogaung, Mohnyin, Karmaing and Tanai in Myitkyina
District, Katha, Indaw, Htigyaint, Banmauk, Kawlin, Wuntho and Pinlebu Townships
in Katha District, Kalay, Phaungpyin, Tamu, Kalaywa, Mawlaik and Meinkan areas
in Kalay District and Hkamti, Homalin and Namyun areas in Hkamti District.
Regions, States
As a fundamental principle concerning the
State Structure has been already laid down to prescribe that the existing seven
divisions are designated seven regions and the existing seven states are
designated seven states, there is no permission to delineate for further
designation of a region or state. So, it is found that there is no condition
for such delineation as in the proposal of Shan Nationalities League for
Democracy which has been submitted for designating a new state.
Similarly, there has been a fundamental
principle for prescribing a self-administered area only for national races who
have not got a region or state. So, it is found that there is no condition for
prescribing a self-administered zone as proposed by Shan Nationalities League
for Democracy.
However, the population of Shan nationals in
[Proposed Putao self-administered zone]
Esteemed Chairman,
National races delegates U Kyaw Soe Lay, U
Saw I Tun, U Werei Ja and U Mangu Hta Thang of Kachin State have proposed that
Putao self-administered zone be prescribed for Lisu, Rawan and Tai-hkamti
nationals after organizing under it Putao, Machambaw, Nogmun, Khawbude and
Sumbrabum Townships in Kachin State.
The fundamental principle regarding
self-administered division or self-administered zone is not for such
designation as in the proposal for three or four national races together but
for each national races [sic] and so it is found that there is no condition for
their proposal to designate a self-administered zone.
[Proposed Paletwa Hills self-administered
division]
Esteemed Chairman,
National races delegate U Htat Lai of Chin
State has proposed that Paletwa Hills self-administered division be prescribed
for Khumi nationals in Paletwa area after redelineating it into five townships
— Shinletwa, Tron-ai, Paletwa, Samee and Thandaung Townships.
It is essential that there must be at least
two townships in a self-administered zone and the population of the national
races must form majority in each township and over a half of the total
population of the townships. To prescribe as a self-administered division, it
is essential that there must be at least four townships. According to the data
compiled by the Immigration and Manpower Department, it is found that there is
no township in
[Proposed Mro or Khami self-administered
division]
Esteemed Chairman,
On behalf of the Mro or Khami National
Solidarity Organization, U San Tha Aung proposed Pauktaw, Ponnagyun, Mrauk-U,
Buthidaung, Maungtaw, Rathedaung and Kyauktaw Townships in Rakhine State and
Paletwa Township in Chin State be organized and prescribed as self-administered
division for Mro or Khami nationals.
The fundamental principle was laid down for
designation of a self-administered division or self-administered zone in
respective regions or states. It is found that Mro or Khami National Solidarity
Organization’s proposal to organize the townships in Rakhine and Chin States
and prescribe them as self-administered division is inconsistent with the
fundamental principle.
As regards organizing townships in Rakhine
State only or in Chin State to prescribe a self-administered division, it is
essential that there must be at least four townships in a self-administered
division and the population of the nationals to be prescribed for that
self-administered division must form majority in each township and over a half
of the total population inhabited in the townships.
In accordance with the data of the
Immigration and Manpower Department, it is found that there is no township in
Rakhine State and Chin State inhabited by majority of Mro or Khami nationals.
Thus, there are no favourable conditions to designate a self-administered
division for Mro or Khami nationals.
[Proposed Kayin {outside Kayin State} and
other self-administered areas]
Esteemed Chairman,
On behalf of the Union Kayin League, U Saw
Than Aung proposed ‘excluding Kayin State’ be included in the clause ‘other
than national races who have already got regions or states’ in Item 5 of the
seven basic principles for the State Structure and to designate self-administered
areas for Pa-O, Palaung, Danu, Lahu, Akhar, ‘Wa’, Kokang, Mro or Khami, Naga
and Lisu nationals and other deserving national races.
It is appraised that the Item 5 of the basic
principles, which was adopted in connection with designating self-administered
areas, concerns all national races who have got regions or states, and there
cannot be made and exception. If Kayin nationals in the other region or state
outside the Kayin State constitute and appropriate size of population to
participate in legislation and administration of the region or state, there
will be right for the representative of Kayin nationals to participate in
legislature and administration of the region or state to be able to carry out
Kayin national affairs.
In connection with the Kayin National
League’s proposal on designation of self-administered divisions or
self-administered zones for deserving national races, the matter has been
included in the clarification relating to each national races [sic].
[Various proposed self-administered areas]
Esteemed Chairman,
On behalf of the Shan Nationalities League
for Democracy, U Sai Soe Nyunt proposed in connection with the
self-administered areas to be prescribed for national races that if it is to be
assumed necessary to prescribe self-administered zone for Mro or Khami
nationals in Rakhine State, it is also necessary to prescribe self-administered
areas for Kayin nationals in Ayeyarwady Region, Chin and Naga nationals in
western Magway Region and western Sagaing Region, Kayin and Pa-O nationals in
Kayin State and Mon State, and Tailai nationals of upper Sagaing and Kachin
areas.
The above-mentioned clarification relating to
each national races includes the matter concerning the proposal in connection
with Tailai and Naga national races. For the remaining nationals included in
the proposal, it is appraised that Kayin and Chin nationals have already got
their own states, and will not get a self-administered division or
self-administered zone in another region or state.
The above-mentioned clarification also
includes Pa-O national affairs. Though any township in Mon State is not
inhabited by majority of Pa-O nationals, the total population of Pa-O nationals
in Mon State is over 66,000. It is found that depending on the size of
population of Pa-O nationals to be appropriate for participation of legislature
and administration in a region or state, the representative of Pa-O nationals
will have right to participate in legislature and administration of Mon State
to be able to carry out Pa-O national affairs.
[Methods for designation of self-administered
areas]
Esteemed Chairman,
On behalf of the National League for
Democracy, U Khin Maung (Panglong), U Nyunt Wai, U Lwin and U Aung Shwe
proposed in connection with the designation of self-administered divisions or
self-administered zones that it is appropriate to prescribe them right away
instead of having the State set up a commission to do so, for the nationals
concerned will be pleased and it will further consolidate national unity.
However, they also proposed that it should not be decided without having proper
data on the population sizes and density in respective regions and
topographical conditions, and so the State should form a commission to do so.
U Tun Yi and U Khin Maung Gyi of the National
Unity Party proposed that for ‘Wa’, Kokang, Pa-O and Palaung nationals in Shan
State and Naga nationals in Sagaing Region, it is more appropriate to designate
which townships to be prescribed as self-administered division or self-administered
zone for which national races and representatives of the national races in
respective regions should extensively and practically coordinate and
participate in so doing.
In connection with designating
self-administered division or self-administered zone, national races delegates
group, peasant delegates group, worker delegates group, intelligentsia and
intellectual delegates group, service personnel delegates group and other
invited persons group also submitted proposals. Similarly, there are proposals
submitted individually or in groups by the delegates of these groups, and those
submitted on behalf of their party, individually or in groups, by delegates of
representative-elect group.
Salient points
All delegates have already known these
proposals which delegates concerned read and submitted the proposal papers at
the previous National Convention Plenary Session. All delegates hear again the
salient points of the proposals appraised and submitted by the members of the
Panel of Chairmen. In connection with designation of self-administered division
or self-administered zone, I have included in my clarification the points in
the proposals of national races and parties. Therefore, I will not clarify
these points again.
[Legislative, Executive, & Judicial
Chapters]
Esteemed Chairman,
What I have said now is the part related to
designating self-administered division or self-administered zone. I will
continue my clarification in connection with Legislature, Executive and
Judiciary. (NLM 9/3)
The principles that will form base for the
chapters—legislature, executive and judiciary—are related to one another. There
also include [sic] some principles which are to be dealt with when the specific
chapters are discussed. Some of the principles which will serve as base are to
be coordinated between one chapter and another.
Hence, discussions will be disjointed if the
chapters—legislature, executive and judiciary—are deliberated separately. In
order to lay down the principles to serve as base for the chapters—legislature,
executive and judiciary—discussions can be highlighted on three sections. They
are:
-- organization,
-- distribution of powers and
-- functions
for each chapter to be discussed separately.
So, I will present points what we have
studied in connection with organization of the chapters—legislature, executive
and judiciary—to avoid disjoints in the delegates’ discussions and in
forwarding suggestions.
[Legislatures]
Esteemed Chairman,
To deal with the chapter on legislature
first, a principle has been laid down to serve as base as follows: 'the
legislative power of the State is distributed among Pyidaungsu Hluttaw, Region
Hluttaws and State Hluttaws; legislative power stipulated by the State
Constitution shall be distributed to self-administered areas.
Based on that principle, the following
principles should be laid down in detail to serve as base:
1. The legislative power of the State is
distributed among the Pyidaungsu (
2. Legislative power stipulated by the State
Constitution shall be distributed to self-administered areas.
[Pyidaungsu Hluttaw]
Esteemed Chairman,
Principles laid down to form base in
connection with the Pyidaungsu (
1. Pyidaungsu Hluttaw consists of two Hluttaws--one
Hluttaw elected on the basis of population and the other one with equal number
of representatives elected from regions and states;
2. Pyidaungsu Hluttaw, Region Hluttaws and
State Hluttaws include Tatmadaw servicemen Hluttaw representatives nominated
[as] such by the Defence Services Commander-in-Chief in numbers stipulated by
the State Constitution.
Esteemed Chairman,
In laying down the principles to form base
the terms 'Hluttaw elected on the basis of population' and 'Hluttaw elected
with equal number of representatives elected from regions and states' were
used.
Now principles in detail to form base for the
respective chapters are to be discussed and it should be taken into
consideration first what terms should be used for the two Hluttaws.
There were two Hluttaws in the country under
the 1947 Constitution. One Hluttaw was called 'Chamber of Nationalities' and
the other 'Chamber of Deputies'.
According to the principle laid down to form
base, two Hluttaws shall be constituted in our country. In the 1947
Constitution and 1974 Constitution, the Pyithu Hluttaw elected on the basis of
population was termed 'Pyithu Hluttaw' and similarly in laying down the
principles to form base for the Constitution to be written, the Pyithu Hluttaw
to be elected on the basis of population should be termed 'Pyithu Hluttaw
(House of Representatives)'.
The Hluttaw constituted with equal number of
representatives elected from regions and states, however, should be termed
'Amyotha Hluttaw (House of Nationalities)' to signify the involvement of all
the national races. Suggestions are to be forwarded if there are more suitable
terms.
Esteemed Chairman,
In my clarifications, I will use the term
'Pyithu Hluttaw' for the Hluttaw elected on the basis of population and the
term the 'Amyotha Hluttaw' for the Hluttaw constituted with equal number of
representatives elected from regions and states for the sake of clarity of the
delegates.
In accordance with the principle to form base
I have just presented, it should be laid down in detail in constituting the
Pyidaungsu Hluttaw:
-- The Pyidaungsu Hluttaw consists [of] the
following Hluttaws:
(1) the Pyithu Hluttaw (House of
Representatives) constituted with representatives elected on the basis of
population and Tatmadaw servicemen Hluttaw representatives nominated such by
the Defence Services Commander-in-Chief.
(2) the 'Amyotha Hluttaw' constituted with
equal number of Hluttaw representatives elected from regions and states and
Tatmadaw servicemen Hluttaw representatives nominated by the Commander-in-Chief
of the Defence Services.
[Pyithu Hluttaw: 330 elected & 110
Tatmadaw members]
Esteemed Chairman,
Clarifications in connection with the
formation of Pyithu Hluttaw will be given. It is found that according to the
1947 Constitution, the Pyithu Hluttaw was formed with 250 Pyithu Hluttaw
members. According to the 1974 Constitution, the First Pyithu Hluttaw was
formed with 451 Pyithu Hluttaw members, the Second Pyithu Hluttaw with 464
Hluttaw members, the Third Pyithu Hluttaw with 475 Hluttaw members and the
Fourth Pyithu Hluttaw with 489 Hluttaw members.
It has been found that the Pyithu Hluttaw
should be formed with 440 Pyithu Hluttaw members according to the population of
our country and to enable the participation of majority of the national races
residing in the entire
The reason for saying that 330 elected Pyithu
Hluttaw members should be included in forming the Pyithu Hluttaw is that there
are now 324 townships in the Union of Myanmar and all national races reside in
these townships. The population of some townships is high and some townships is
low. However, as it is found that all national races live together in all the
townships, the election is held in township constituencies which are designated
based on the population of the township and therefore, many national races will
have the chance to be included in the Pyithu Hluttaw. Hence, it is necessary to
elect one Hluttaw representative each in townships where the population has up
to 300,000 people and one Hluttaw representative in townships with the
population which is more than 300,000. It is to be prescribed that the number
of Pyithu Hluttaw thus elected should not exceed 330. If the number of Hluttaw
representatives elected falls short of the prescribed 330, then it is to be
prescribed under the Election Law for electing one Pyithu Hluttaw
representative each from the townships where the population exceeds 300,000 and
this is to be done beginning from the township which has the highest
population.
[Tatmadaw Representation]
Esteemed Chairman,
The Tatmadaw has the responsibility to
shoulder the national duty by holding in high esteem Our Three Main National
Causes -- non-disintegration of the Union; non-disintegration of national
sovereignty and perpetuity of sovereignty. It is quite evident that the
Tatmadaw is seen to have stood firm in making sacrifices for the sake of the
country and the people and a high historical tradition and to preserve and
defend Our Three Main National Causes.
In order that the Tatmadaw may be able to
participate in the national political leadership role of the future State and
to continue to defend and preserve Our Three Main National Causes, it will be
proper to have 110 Tatmadawmen Hluttaw representatives in the Pyithu Hluttaw.
It is to [be] assumed that this is an appropriate ratio.
Therefore, in connection with the forming of
the Pyithu Hluttaw it should be formed with 440 Hluttaw representatives [and] a
detailed policy to be taken as base should be laid down as follows:--
(a) based on the population the number of
Hluttaw representatives elected should not exceed 330;
(b) the number of Tatmadawmen Hluttaw
representatives nominated by the Commander-in-Chief of the Defence Services
should not exceed 110.
[Pyithu Hluttaw Alternate Chairman]
Esteemed Chairman,
After the formation of the Pyithu Hluttaw it
is vital to have the Panel of Chairmen to supervise the Pyithu Hluttaw. Hence
the principle to be based on electing the Panel of Chairmen of the Pyithu
Hluttaw will be presented.
It is necessary to elect one Alternate
Chairman to supervise over the meeting for electing the Pyithu Hluttaw Panel of
Chairmen. This is necessary to enable Pyithu Hluttaw members to take the oath
of office in the presence of the Panel of Chairmen when the first session of
the First Pyithu Hluttaw commences for one Pyithu Hluttaw term.
Therefore, in connection with the electing
[of] an Alternate Chairman a detail[ed] policy to be taken as base should be
laid down as follows:--
1. one Alternate Chairman shall be elected
from among the Pyithu Hluttaw members at the commencement of the first session
of the First Pyithu Hluttaw term;
2. the Alternate Chairman shall take the oath
of office in the presence of Pyithu Hluttaw; and
3. the Alternate Chairman shall continue to
supervise up to the time of electing Panel of Chairmen of the Pyithu Hluttaw
and Vice-Chairman.
[Pyithu Hluttaw Chairman & Vice-Chairman]
Esteemed Chairman,
I will continue to explain elections to
offices of the chairman and vice-chairman of the Pyithu Hluttaw (House of
Representatives).
It is found in constitutions of some nations
that supervision of functions concerning the Hluttaw is carried out by means of
appointing Hluttaw heads or through elections.
According to the 1947 Constitution, heads of
the two Hluttaws are elected by the representatives of the respective Hluttaw.
According to the 1974 Constitution, the Panel of Chairmen was elected by
people's Pyithu Hluttaw representatives.
According to the 1947 Constitution, head of
the Chamber of Nationalities was termed "Nayaka" (Speaker) and head
of the Chamber of Deputies "Okkahta" (Speaker). According to the 1974
Constitution, member of the Panel of Chairmen who presided at each regular
session of the Pyithu Hluttaw was termed "Ahlekya Thabapati"
(Alternate Chairman).
It will become necessary for the Pyithu
Hluttaw (House of Representatives) to be formed in future to have heads of the
Pyithu Hluttaw to oversee and carry out functions concerning the Pyithu
Hluttaw. So head of the Pyithu Hluttaw should be termed "Thabapati"
(Chairman).
Esteemed Chairman,
The Pyithu Hluttaw will have to play an
important role in legislation. Should only a chairman be assigned duties to
preside over regular sessions of the Pyithu Hluttaw and supervise Pyithu
Hluttaw-related functions, there will be a heavy burden of duties on the
respective chairman. It is found that if a vice-chairman be designated to
support the chairman, Hluttaw-related functions will be properly managed.
So, regarding elections to offices of the
chairman and vice-chairman of the Pyithu Hluttaw, it should be laid down as
detailed fundamental principles --
1. In the Pyithu Hluttaw,
(a) The Pyithu Hluttaw representatives shall
elect a chairman and a vice-chairman of the Pyithu Hluttaw from among
themselves;
(b) If the office of the chairman or
vice-chairman is vacant, it shall be substituted by election at the next Pyithu
Hluttaw session;
(c) If the chairman becomes incapacitated the
vice-chairman shall temporarily assume the duties of the chairman;
2. Proceedings for elections to the office of
the chairman and the vice-chairman shall be prescribed by enacting law.
Esteemed Chairman,
Regarding the performance of duties by the
Pyithu Hluttaw chairman and vice-chairman, it is observed that the chairman and
the vice-chairman elected by the Pyithu Hluttaw for continuous supervision of
Pyithu Hluttaw-related functions are to continue to serve in office until the
first session of the next term of the Pyithu Hluttaw is convened. So, regarding
the duties by the chairman, it should be laid down as a detailed fundamental
principle that --
-- The Pyithu Hluttaw chairman and
vice-chairman shall perform their duties until the first session of the next
term of the Pyithu Hluttaw is convened.
Esteemed Chairman,
The Pyithu Hluttaw chairman and vice-chairman
are persons who have to perform heavy duties such as supervision of Pyithu
Hluttaw-related functions and presiding over the Pyithu Hluttaw sessions. So,
it is necessary to prescribe their duties, rights and privileges.
So, regarding duties, rights and privileges
of the Pyithu Hluttaw chairman and vice-chairman, it should be laid down as a
detailed fundamental principle that --
-- Duties, rights and privileges of the
Pyithu Hluttaw chairman and vice-chairman shall be prescribed by law.
It is common that duties, rights and
privileges of the Pyithu Hluttaw chairman and vice-chairman are not prescribed
in detail in the Constitution but by enacting a separate law. According to the
1947 Constitution, the chairmanship is of great status. So, it should be
considered whether or not a detailed fundamental principle should be laid down
for prescribing that the Pyithu Hluttaw chairman has the right to the status of
the Vice-President and the vice-chairman to the status of the Pyidaungsu (
Esteemed Chairman,
The Pyithu Hluttaw chairman and vice-chairman
are persons elected by the Pyithu Hluttaw representatives. However, if they
wish to resign from their offices of their own volition, they should be
allowed. Moreover, as they are Pyithu Hluttaw representatives, they are subject
to the Electoral Law and any other law. A detailed fundamental principle should
be laid down that in the event of termination from being Hluttaw representatives
or having no longer right to stand as Hluttaw representatives or removal from
the offices of chairman and vice-chairman by the Pyithu Hluttaw, or death, it
is to be deemed that they have already been terminated from chairmanship or
vice-chairmanship.
In connection with the removal of the
chairman or vice-chairman of Pyithu Hluttaw from office, the detailed
fundamental principle should be laid down as follows:
-- The chairman or the vice-chairman of the
Pyithu Hluttaw shall be deemed to have been terminated from his duty as the
chairman or the vice-chairman in the event of his resignation, or removal from
being a Pyithu Hluttaw representative, or having no right to continue to stand
as a Pyithu Hluttaw representative, or cessation of his duty as the chairman of
the vice-chairman by the Pyithu Hluttaw, or his death.
[Pyithu Hluttaw Committees]
Esteemed Chairman,
It is essential to form committees with
Pyithu Hluttaw representatives to enable the Pyithu Hluttaw to carry out tasks
for promulgation, discussion and study of laws in connection with State
affairs.
According to the traditions of formation of
the Hluttaws under the 1947 Constitution and the Hluttaw under the 1974
Constitution, and the Hluttaws of some countries, it is observed that Bill Committee,
Public Accounts Committee, Hluttaw Privileges Committee and Government
Obligation Scrutinization Committee should be formed with Pyithu Hluttaw
representatives.
Moreover, the Pyithu Hluttaw should have the
power to form Hluttaw Committees with its representatives and invest them with
duties as and when necessary to enable them to observe and report on
legislation, administration, national races, economic, financial, social and
foreign affairs as well as other affairs.
Esteemed Chairman,
If and when there is a reason to report on
the Tatmadaw affairs in addition to the defence and security affairs, the
Defence and Security Committee should be formed with the Tatmadawmen Pyithu
Hluttaw rep representatives.
It is essential for the Pyithu Hluttaw to
determine the organization, duties, powers, privileges and term of Hluttaw
Committees.
In addition, if there is a case to negotiate
with the Amyotha Hluttaw, the Pyithu Hluttaw should have power to form a joint
committee with equal members [numbers??] of representatives each from the
Pyithu Hluttaw and the Amyotha Hluttaw and invest it with duties. The Pyithu
Hluttaw should have power to elect representatives as members of the committee
and invest duties and powers. The term of the joint committee should be
determined till the report has been submitted to the respective Hluttaw.
Esteemed Chairman,
The Pyithu Hluttaw and the Amyotha Hluttaw
under the future Constitution will have to form Hluttaw Committees in accord
with laws and observe a matter related to State affairs. Both Hluttaws have to
observe the same matter together, for if they are to look into it separately,
it will delay the work and, as such, the joint committee should be formed after
coordination between the chairmen of the Hluttaws.
Hence, in connection with the committees of
the Pyithu Hluttaw, a detail[ed] fundamental principle should be laid down as
follows:
1. Pyithu Hluttaw shall form Bill Committee,
Public Accounts Committee, Hluttaw Privileges Committee and Government's
Obligations Scrutinization Committee with Pyithu Hluttaw representatives;
2. Pyithu Hluttaw shall, if there is reason
to observe and report the Tatmadaw affairs in addition to defence and security
affairs, form Defence and Security Committee with the Tatmadawmen Pyithu
Hluttaw representatives and determine the term of the Committee;
3. Pyithu Hluttaw shall, as and when
necessary, form Hluttaw Committees with representatives from the Pyithu Hluttaw
to observe and submit reports on legislation, administration, national races,
economic, financial, social and foreign affairs as well as other affairs, after
determining the terms of the committees;
4. Pyithu Hluttaw shall determine the
organization, duties, powers, privileges and terms of Pyithu Hluttaw Committees;
5. Pyithu Hluttaw shall, if there is reason
to negotiate with the Amyotha Hluttaw, elect Pyithu Hluttaw representatives and
invest them with duties to be able to form a joint committee constituting equal
members [numbers?] of the representatives each from the Pyithu Hluttaw and the
Amyotha Hluttaw. The joint committee shall hold office till the report has been
submitted to the Hluttaw concerned.
6. Pyithu Hluttaw and Amyotha Hluttaw shall,
if both Hluttaws have to investigate the same matter except from those
mentioned above in Sub-paras 1 and 2, form, after coordination between the
chairmen of the Hluttaws, a joint committee constituting equal numbers of
representatives each from the Pyithu Hluttaw and the Amyotha Hluttaw. Pyithu
Hluttaw shall have power to elect the members of the joint committee and invest
duties and powers. The joint committee shall hold office till the report has
been submitted to the Hluttaw concerned.
[Pyithu Hluttaw Commissions]
Esteemed Chairman,
Except duties of the Committees formed by the
Pyithu Hluttaw, the Pyithu Hluttaw should have the help of experts not among
the Hluttaw representatives if there is the need to know any subject related to
the State affairs.
The Pyithu Hluttaw should have the right to
form commissions or committees consisting of Pyithu Hluttaw representatives or
suitable citizens when there arises the need to make an extensive study of
matters.
So, principles should be laid down in
specific detail to form base as follows in connection with the commissions and
committees formed by the Pyithu Hluttaw:
1. The Pyithu Hluttaw shall form, if
necessary, commissions and committees consisting of Pyithu Hluttaw
representatives or suitable citizens;
2. When the Pyithu Hluttaw forms commissions
and committees it shall prescribe membership, duties, rights, privileges and
terms of office of the commissions and committees.
[Pyithu Hluttaw Term of Office]
Esteemed Chairman,
Matters concerning the term of office of the
Pyithu Hluttaw will now be clarified. Regular term of office of the Pyithu
Hluttaw was prescribed four years under the 1947 Constitution and the 1974
Constitution. A basic principle has already been laid down prescribing the term
of office of the President as five years under the new Constitution. Required
by the laws promulgated by the Pyithu Hluttaw, the President of the Union shall
perform the duties of the State. According to experience, more time will be
needed to carry out the tasks if the term of the Pyithu Hluttaw is prescribed
as only four years. The President of the Union himself will have sufficient
time to carry out the tasks of the State effectively and successfully during
his term of office only after the regular term of the Pyithu Hluttaw has been
prescribed five years.
So, in connection with the term of the Pyithu
Hluttaw a basic principle should be laid down in specific detail as follows:
-- The term of the Pyithu Hluttaw is five
years from the date on which the first session of the Pyithu Hluttaw begins.
[Amyotha Hluttaw: 168 elected and 56 Tatmadaw
members]
Esteemed Chairman,
Our studies on the formation of the Amyotha
Hluttaw will now be clarified. Under the basic principles already laid down,
the Amyotha Hluttaw is to be constituted with equal numbers of representatives
elected from regions and states. Moreover, it shall be formed with Tatmadaw
member Hluttaw representatives nominated as such by the Commander-in-Chief of
Defence Services.
So, the number of representatives of the
Amyotha Hluttaw shall be taken into consideration first. Under the basic
principles already laid down, the Amyotha Hluttaw is to be constituted with
equal numbers of representatives elected from the seven regions and seven
states and Tatmadaw member Hluttaw representatives nominated as such by the
Commander-in-Chief of Defence Services. Naturally, the number of
representatives of the Pyithu Hluttaw will be more than that of the Amyotha
Hluttaw. So, the number of the Pyithu Hluttaw representatives should be about
double the number of Amyotha Hluttaw representatives.
If the Pyithu Hluttaw is to be constituted
with the maximum 440 representatives as I have presented earlier, the Amyotha
Hluttaw should be formed with 220 Hluttaw representatives or around this
figure.
If the Amyotha Hluttaw is to be constituted
with maximum 224 Hluttaw representatives, 16 Hluttaw representatives including
Tatmadaw member representatives should be prescribed for each region and state
in accordance with the basic principle already laid down. Out of the 15
representatives, twelve of them should be elected representatives, and one
third of the elected number or four Hluttaw representatives should be Tatmadaw
member Hluttaw representatives nominated as such by the Commander-in-Chief of
the Defence Services
[Self-administered Area Representatives]
Esteemed Chairman,
The Amyotha Hluttaw should be constituted
with as many national races as possible. If the representatives elected from
the self-administered divisions and self-administered zones of the respective
regions or states can participate in the Amyotha Hluttaw they will be able to
present the affairs of their self-administered divisions or zones to the
Amyotha Hluttaw directly. This being so, elected representatives of the
self-administered divisions or self-administered zones should be allowed to
participate in the Amyotha Hluttaw.
So, a basic principle should be laid down in
specific detail as follows in connection with formation of the Amyotha Hluttaw:
-- The Amyotha Hluttaw shall be constituted
with maximum 224 Hluttaw representatives as follows:
(a) 12 representatives elected from each
region or state including one representative each from the self-administered
divisions or self-administered zones, if there are any in the region or state
concerned, totalling 168 Amyotha Hluttaw representatives;
(b) Four Tatmadaw member representatives from
each region or state nominated by the Commander-in-Chief of Defence Services
totalling 56 Amyotha Hluttaw representatives.
[Amyotha Hluttaw Acting Chairman]
Esteemed Chairman,
An acting chairman is to be elected to the
first session of an Amyotha Hluttaw at the start of its term to preside over
the session. Then only can the Amyotha Hluttaw representatives take the oath of
office before the acting chairman. Moreover, the acting chairman will be able to
supervise the Amyotha Hluttaw session until the chairman and the vice-chairman
of the Amyotha Hluttaw have been elected.
So, in connection with election of the acting
chairman of the Amyotha Hluttaw basic principles should be laid down in
specific detail as follows:
1. An Amyotha Hluttaw representative shall be
elected as acting chairman at the first session of an Amyotha Hluttaw at the
start of its term,
2. The acting chairman shall take oath of
office before the Amyotha Hluttaw,
3. The acting chairman shall supervise the
Amyotha Hluttaw session until the chairman and the vice-chairman of the Amyotha
Hluttaw have been elected.
[Amyotha Hluttaw Chairman &
Vice-Chairman]
Esteemed Chairman,
The matter of electing the chairman and
vice-chairman of the Amyotha Hluttaw will now be clarified.
One Amyotha Hluttaw chairman and one
vice-chairman should be elected from among the Amyotha Hluttaw representatives
to supervise the Amyotha Hluttaw functions, Amyotha Hluttaw sessions or to
conduct coordination with the Pyithu Hluttaw as necessary.
It is proposed to elect a vice-chairman so
that the person can assist the chairman in discharging duties and discharge the
duties of the chairman provisionally when the chairman is in no position to
discharge the duties for various reasons thereby avoiding unnecessary delays in
the Amyotha Hluttaw functions.
Methods should be prescribed by law for
electing the Amyotha Hluttaw chairman and vice-chairman.
So, in connection with election of the
Amyotha Hluttaw chairman and vice-chairman basic principles should be laid down
in specific detail as follows:
1. At the Amyotha Hluttaw--
(a) One Amyotha Hluttaw chairman and one
vice-chairman shall be elected from among Amyotha Hluttaw representatives;
(b) If the post of the chairman or the
vice-chairman falls vacant, the nearest Amyotha Hluttaw session shall elect a
new representative to fill the vacancy,
(c) The vice-chairman shall take over the
duties of the chairman provisionally when the chairman is unable to discharge
the duties.
2. Methods shall be prescribed by law for
electing the Amyotha Hluttaw chairman and vice-chairman.
Esteemed Chairman,
Discharge of duties by the Amyotha Hluttaw
chairman and vice-chairman will now be presented. The chairman and
vice-chairman should carry on their duties until the next Amyotha Hluttaw
session begins. However, the chairmanship or vice-chairmanship will be
suspended when the chairman or vice-chairman resigns or the person's being an
Amyotha Hluttaw representative is suspended or the person's being an Amyotha
Hluttaw representative ceases to exist or the Amyotha Hluttaw revokes the
person's chairmanship or vice-chairmanship or upon the person's death.
So, in connection with discharging duties and
suspension from the posts of the chairman and vice-chairman principles should
be laid down in detail as follows:
1. The chairman and the vice-chairman shall
carry on their duties until the first session of the next Amyotha Hluttaw
session begins;
2. The Amyotha Hluttaw chairmanship or
vice-chairmanship shall be suspended upon the person's resignation or
suspension of the Amyotha Hluttaw representative or the person's being an
Amyotha Hluttaw representative ceases or the Amyotha Hluttaw's revocation of the
chairmanship or the vice-chairmanship or the person's death.
Esteemed Chairman,
It is necessary to prescribe the rights and
responsibilities of the Chairman and Vice-chairman of Amyotha Hluttaw to enable
them to perform them effectively. It is found that laws were promulgated on the
rights and responsibilities of the Chairmen by the Hluttaws in the past.
Therefore--
-- a law should be promulgated on the duties,
rights and responsibilities of the Chairman and Vice-Chairman of Amyotha
Hluttaw in specific detail to be taken as base.
In promulgating such laws, the positions and
rights of the Chairman and Vice-Chairman of Amyotha Hluttaw, who have to
shoulder heavy responsibilities of Amyotha Hluttaw should be prescribed
appropriately accordingly to be suitable to the duties they have to perform.
The privileges to be enjoyed by them is to be prescribed by law. Therefore, if
the National Convention delegates lay down some main points to be taken as the
basic principles, then they will come handy when drafting this law suitably. It
is to be suggested that the privileges to be enjoyed by the Chairman and
Vice-Chairman of Amyotha Hluttaw should be the same as those enjoyed by the
Chairman and Vice-Chairman of the Pyithu Hluttaw.
It is to be deliberated upon and suggestions
given as to whether or not a basic principle should be laid for the Amyotha
Hluttaw Chairman to enjoy the same position as the Vice-President and the
Vice-Chairman to enjoy the same position as the Pyidaungsu (
[Amyotha Hluttaw Committees &
Commissions]
Esteemed Chairman,
According to the studies made it is seen that
Amyotha Hluttaw Committee, Commission and Committees should be formed in the
same manner as the Pyithu Hluttaw to enable the Amyotha Hluttaw to study and
present the tasks to be carried out by the Amyotha Hluttaw. The reasons for
forming this Committee, Commission and Committees have been given in the
clarifications made in connection with Pyithu Hluttaw.
Hence, in connection with the forming of
Amyotha Hluttaw Committee, Commission and Committees, basic principles should
be laid down precisely as follows:--
1. (a) the Amyotha Hluttaw shall form the
Bill Committee, Public Accounts Committee, Hluttaw Privileges Committee and
Government Obligations Scrutinization Committee with Amyotha Hluttaw
representatives;
(b) The Amyotha Hluttaw shall form the
Defence and Security Committee if and when there is reason to study and report
on the Tatmadaw affairs in addition to the defence and security affairs with
the Tatmadaw member Amyotha Hluttaw representatives and determine the term of
the Committee;
(c) The Amyotha Hluttaw shall form, as and
when necessary, Hluttaw Committees with Amyotha Hluttaw representative to
observe and submit reports on legislation, administration, national races,
economic, financial, social and foreign affairs as well as other affairs by
determining the terms of the committees;
(d) the Amyotha Hluttaw shall determine the
organization, duties, powers, rights and privileges and tenure of Amyotha
Hluttaw Committees;
(e) the Amyotha Hluttaw shall, if there
arises the need to negotiate with the Pyithu Hluttaw, elect Amyotha Hluttaw
representatives and invest them with the duties to be able to form a Joint
Committee with equal number of representatives each from the Amyotha Hluttaw
and the Pyithu Hluttaw. The Joint-Committee shall hold office till the report
has been submitted to the respective Hluttaw;
(f) the Amyotha Hluttaw and the Pyithu
Hluttaw shall, if both Hluttaws have to investigate the same matter except
those mentioned in Sub-paras (a) and (b), form after coordinations between the
Chairmen of the Hluttaws, a Joint-Committee with equal numbers of
representatives each from the Amyotha Hluttaw and the Pyithu Hluttaw. The
Amyotha Hluttaw shall have the power to elect members of the Joint-Committee
and invest duties and powers in them. The tenure of the Joint-Committee is up
to the time the report has been submitted to respective Hluttaws;
2. (a) the Amyotha Hluttaw shall, if
necessary, form the Commission and Committees either with Amyotha Hluttaw
representatives or by including suitable citizens;
(b) the Amyotha Hluttaw, in forming the
necessary Commission and Committees, shall prescribe the number of members, duties,
rights, privileges and tenure of office of the Commission or Committees.
[Amyotha Hluttaw Term of Office]
Esteemed Chairman,
The prescribing of tenure of office of the
Amyotha Hluttaw will be explained. When the general elections are held the
electorate will generally elect representatives to the Amyotha Hluttaw and
Pyithu Hluttaw simultaneously. It will be convenient to hold the next general
elections only when the tenures of office of the Amyotha Hluttaw and the Pyithu
Hluttaw begin and end at the same time. Therefore, the tenure of office of the
Amyotha Hluttaw should be the same as that of the Pyithu Hluttaw and should end
on the day the tenure of office of the Pyithu Hluttaw ends.
Therefore, a precise basic principle should
be laid down in connection with the tenure in office of the Amyotha Hluttaw
as:--
-- the tenure of office of the Amyotha
Hluttaw shall be the same as that of the Pyithu Hluttaw. The tenure of office
of Amyotha Hluttaw shall end on the day the tenure of office of the Pyithu
Hluttaw ends.
[Pyidaungsu Hluttaw Chairman &
Vice-Chairman]
Esteemed Chairman,
According to the basic principles laid down,
the two Hluttaws, the Pyithu Hluttaw and the Amyotha Hluttaw form the
Pyidaungsu (
Therefore, precise basic principles should be
laid down in connection with taking of responsibilities of the Chairman and
Vice-Chairman of the Pyidaungsu Hluttaw as follows:--
1. the Chairman and Vice-Chairman of the
Amyotha Hluttaw shall act as the Chairman and Vice-Chairman of Pyidaungsu
Hluttaw from the day the tenure of office of the Pyithu Hluttaw commences up to
the end of 30 months. The Chairman and Vice-Chairman of the Pyithu Hluttaw
shall take over the responsibilities of Chairman and Vice-Chairman of the
Pyidaungsu Hluttaw for the remaining tenure of office;
2. when the Chairman of the Pyidaungsu
Hluttaw cannot perform his duties, then the Vice-Chairman shall take over the
responsibilities of the Chairman.
[Region/State
Hluttaws]
Esteemed Chairman,
The Division [sic--an obvious misprint for
"Region," repeated in the next few paragraphs] and State Hluttaws
shall promulgate necessary laws for their respective divisions and states
mainly within the rights conferred upon them by the Constitution. In order to
be able to do this, the Division Hluttaws and State Hluttaws must have
appropriate number of Hluttaw representatives. Therefore, in accordance with
the basic principles laid down, the Division Hluttaws and State Hluttaws should
be formed with Hluttaw representatives elected constituencywise in the
respective divisions and states, Tatmadaw Hluttaw members nominated by the
Commander-in-Chief of the Defence Services and Hluttaw representatives of
national races which have an appropriate population in the respective divisions
and states.
Hluttaw representative for the Division
Hluttaws and State Hluttaws are to be elected townshipwise. In so doing, it
will be appropriate to elect two Hluttaw representatives from each township in
the respective divisions and states to get appropriate number of Hluttaw
representatives for Division Hluttaws and State Hluttaws as previously
mentioned and they will represent their respective townships.
Moreover, the Division Hluttaws and State
Hluttaws will also include Tatmadawmen Hluttaw representatives nominated by the
Commander-in-Chief of the Defence Services. The number of the Tatmadawmen
Hluttaw representatives must also be prescribed.
It is also seen that the number of
Tatmadawmen Hluttaw representatives at Pyithu Hluttaw and Amyotha Hluttaw
should be one-third of the number of elected Hluttaw representatives or in
other words one-fourth of the total number of Hluttaw representatives.
Similarly, the number of Tatmadawmen Hluttaw members in Division Hluttaws and
State Hluttaws should be one-third of the number of elected Hluttaw
representatives or one-fourth of the total number of Hluttaw representatives.
Esteemed Chairman,
A basic principle has been laid down in
connection with the right of representatives of national races with appropriate
population to participate in legislature and administration to be able to carry
out the affairs of the national races concerned in respective divisions, states
or self-administered areas. In order to be able to do this the State shall form
a Commission and take steps.
Instead of the State forming a commission to
enable the right of representatives of national races with appropriate
population to participate in legislature and administration to be able to carry
out the affairs of the national races concerned in the respective divisions,
states and self-administered areas, if the delegates prescribe right away the
population required by the respective national race to be able to become a
representative of national races affairs, the national races will be satisfied.
Esteemed Chairman,
The six objectives of the National Convention
will ever be flourishing if all national races cooperate and act in unison
towards perpetual solidarity of national unity.
When it comes to considering designation of
the national race who has an appropriate size of population, we have to base on
its number. Immigration and Manpower Department has compiled population data of
various national races. Instead of forming a commission, using the data of the
department will make it easier for obtaining a list containing national races
who have appropriate sizes of population and thus representatives of the
eligible national races will have to participate in the respective region,
state and self-administered area legislations and administrations to manage
their national races' affairs soon. Together with the delegates, all their
national races will also be greatly satisfied with this.
Regarding the above matter, I will continue
to explain how an appropriate population should be designated for the national
races. Some national races reside together on the same stretches of land in the
respective region or state but some are scattered in various townships. Some
national races will be qualified for getting self-administered areas. For
national races who, despite having appropriate sizes of population, are
scattered in a region or state and do not get a region or a state or a
self-administered area, each of them will have the right to represent at the
respective region, state or self-administered area's legislation and
administration to manage affairs of their own nationals.
Esteemed Chairman,
Our country's population is about 44 million.
Just as we have to take steps on the one hand to enable the national races
having appropriate sizes of population to broadly participate in the respective
region or state legislation and administration, we also have to consider on the
other that there should not be unnecessarily large number of representation. A
national race having 0.1 per cent of the 44 million should have the right to
representation in the respective region or state or self-administered area
legislation and administration. In other words, the eligible size of population
is about 44,000 calculated on 0.1 per cent of the national population.
Esteemed Chairman,
If basic principles are to be laid down,
aimed at further consolidation of national unity, national races having the
right to representation, according to the present national population, in each
region or state's legislation and administration are:
- In Kachin State -- Bamar and Shan national
races,
- In Kayah State -- Bamar national race,
- In Kayin State -- Pa-O, Bamar and Mon
national races,
- In Sagaing Region -- Chin and Shan national
races,
- In Tanintharyi Region -- Kayin national
race,
- In Bago Region -- Kayin national race,
- In Magway Region -- Chin national race,
- In Mandalay Region -- Shan national race,
- In Mon State -- Kayin, Pa-O and Bamar
national races,
- In Rakine State -- Chin national race,
- In Yangon Region -- Kayin and Rakhine
national races,
- In Shan State -- Kachin, Kayan, Bamar,
Lisu, Lahu, Akha and Inntha national races,
- In Ayeyarwady Region -- Kayin and Rakhine
national races.
It is found there is no other national race
in
National races having populations in
accordance with the qualification thus to be prescribed will have the right to
participation of their representatives for their national races affairs. If
national races with less-than-44,000 populations wish to present their affairs
to their region Hluttaw or state Hluttaw concerned, they can do so through the
region Hluttaw or state Hluttaw representatives elected from their
constituencies.
Laying down basic principles thus will
further consolidate national unity which is our objective.
So, regarding formation of region or state
Hluttaws, it is to be laid down as a specific basic principle--
-- The region or state Hluttaw shall be
constituted with representatives as follows--
(a) Two region or state Hluttaw
representatives each elected from townships in the respective region or state,
(b) In the region, one region Hluttaw
representative each for national races having 0.1 per cent or above of the
national population, other than the national races who have already got that
region or self-administered areas in that region,
(c) In the state, one state Hluttaw
representative each of national races having populations of 0.1 per cent or
above of the national population, other than the national races who have
already got that state or self-administered areas in that state,
(d) Region or state Tatmadaw member Hluttaw
representatives nominated by the Commander-in-Chief of the Defence Services the
number of which is equal to one-third of the total number of Hluttaw
representatives elected under sub-para (a), (b) and (c).
[Region/State Hluttaw Acting Chairman]
Esteemed Chairman,
When the first session of the first term of
region or state Hluttaw is convened, it will become necessary to elect and
acting chairman to enable the Hluttaw representatives to take the oath of
office before the chairman and to preside over the session which is held for electing
region or state Hluttaw chairman and vice-chairman.
So, regarding election of the region or state
Hluttaw acting chairman, it should be laid down as specific basic principles
that--
1. When the first session of the first region
or state Hluttaw of a region/state is convened, a region or state Hluttaw
representative shall be elected as acting chairman.
2. The acting chairman shall take oath before
the region or state Hluttaw.
3. The acting chairman shall preside over the
region or state Hluttaw session until the region or state Hluttaw chairman and
vice-chairman have been elected.
[Region/State Chairman & Vice-chairman]
Esteemed Chairman,
Region or State Hluttaw representatives are
to play and important role inclusive of legislation for their region or state
within rights vested in them by the Constitution. As these Hluttaws have to
discuss affairs prescribed in the Constitution and pass decisions on them, it
will become necessary to have a chairman, and a vice-chairman to support the
chairman.
So, regarding elections of the region Hluttaw
or the state Hluttaw, it should be laid down as specific basic principles
that--
(1) In the region or state Hluttaw,
(a) Region or state Hluttaw representatives
shall elect respective region or state Hluttaw chairman and vice-chairman from
among themselves.
(b) If the post of chairman or vice-chairman
falls vacant, it shall be substituted by election at the next Hluttaw session.
(c) If the chairman becomes incapacitated,
the vice-chairman shall temporarily perform the chairman's duties.
(2) Methods for election of region or state
Hluttaw chairman and vice-chairman shall be prescribed by enacting law.
Esteemed Chairman,
As regards the term of office of the chairman
and the vice-chairman of a region or a state Hluttaw, they should have to hold
office until the first session of the next term of the Hluttaw is convened to
be able to supervise and perform the duties of the Hluttaw. However, the
chairman or the vice-chairman of a region or a state Hluttaw should be
suspended in the event of his resignation, or cessation from being a Hluttaw
representative, or having no right to continue as a Hluttaw representative, or
being revoked by the Hluttaw, or his death.
As such, in connection with the term of
office and cessation of duty of the chairman and the vice-chairman of a region
or a state Hluttaw, the specific fundamental principle should be laid down as
follows:
1. The chairman and the vice-chairman of a
region or a state Hluttaw shall hold office until the first day of the first
session of the next h shall hold office until the first day of the first
session of the next Hluttaw.
2. The chairman or the vice-chairman of a
region or state Hluttaw shall have been suspended from his office in the event
of his resignation, or cessation from being a Hluttaw representative, or having
no right to continue as a Hluttaw representative, or being revoked as Hluttaw
representative by the Hluttaw, or his death.
Esteemed Chairman,
The chairman and the vice-chairman of a
region or a state Hluttaw will be able to fulfil their duties properly only
after their powers have been prescribed.
Therefore, in connection with prescribing the
duties, powers and privileges of the chairman and vice-chairman of a region or
a state Hluttaw, the detailed fundamental principle should be laid down as
follows:
-- The duties, powers and privileges of the
chairman and the vice-chairman of a region or a state Hluttaw shall be
prescribed by law.
In so doing, it is essential to prescribe the
status and privileges to be in accord with the duties of the chairman and the
vice-chairman of a region or a state Hluttaw. As there is the need to prescribe
the privileges of the chairman and the vice-chairman in a special law if the
National Convention delegates are to discuss to lay down the fundamental
principle with the main points, the law can be drafted with the inclusion of
these points if and when necessary. As such, the delegates are to discuss
whether or not to lay down the specific fundamental principle that the chairman
of a region or state Hluttaw should hold the position equivalent to Pyidaungsu
Wungyi (Union minister) level and the vice-chairman region or state minister
level.
[Region/state Hluttaw Committees]
Esteemed Chairman,
If and when necessary, the region or the state
Hluttaws are to form Hluttaw committees and organizations concerned to review
legislation and national races affairs etc., as contained in the Constitution.
The detailed fundamental principle in
connection with the region or the state Hluttaw committees and organizations
should be laid down as follows:
1. The region or the state Hluttaw may, if
and when necessary, constitute committees and organizations with the Hluttaw
representatives concerned to review legislation and national races affairs etc.,
enshrined in the Constitution and to assist Hluttaw functions.
2. The region or the state Hluttaw may, if
and when necessary, constitute the committees and the organizations with
members inclusive of suitable citizens.
3. A committee shall be formed with the
Tatmadawmen representative of the region or the state Hluttaw if there is
reason to review and report on the Tatmadaw affairs in addition in addition to
defence and security affairs in the region or the state.
4. The region or the state Hluttaw, in
formation of committees and organizations, shall determine number of members,
duties, powers, privileges and term of office.
[Region/state Hluttaw Term of Office]
I will continue on the term of office of the
region or the state Hluttaw. After a general election, the Pyithu Hluttaw, the
Amyotha Hluttaw, and the region and the state Hluttaws will have to be formed.
Reviewing the experience of the past, it is estimated that the date of the
first-day session of the Hluttaws may differ due to differing of date of
completion of the election and difficult transport in some regions and states.
However, the expiry date of the term of all Hluttaws should be the same. As
such, the term of office of the region or state Hluttaws should be the same as
the term of the Pyithu Hluttaw the way the term of the Amyotha Hluttaw is
prescribed along with the term of the Pyithu Hluttaw. The term of office of the
region or state Hluttaws should expire on the date on which the term of office
of the Pyithu Hluttaw expires.
In connection with determining the term of
office of the region or the state Hluttaw, a detailed fundamental principle
should be laid down as follows:
-- The term of office of the region or the
state Hluttaw is the same as that of the Pyithu Hluttaw. On the day the term of
office of the Pyithu Hluttaw expires, that of the region or the state Hluttaw
shall do also.
[Self-administered areas]
Esteemed Chairman,
In accord with the fundamental principles
being laid down, the self-administered areas--the self-administered divisions
or the self-administered zones--will be entitled to participate in the
legislative functions within the power vested in them. It is believed that the
work will be easy and quick if the representatives-elect of the region or the
state and those of the executive committee cooperate to carry out the
legislative functions as contained in the Constitution for their own
self-administered area, instead of functioning the tasks for the
self-administered division or the self-administered zone by separate committees.
I will clarify the legislative functions of the self-administered
areas--self-administered divisions and self-administered zones--when I continue
on the executive functions of the self-administered areas.
[Legislator duties, powers, and privileges]
Esteemed Chairman,
The Pyithu Hluttaw, the Amyotha Hluttaw, and
the region or the state Hluttaws have to be constituted with Hluttaw
representatives stipulated in the Constitution. The duties and powers of
Hluttaw representatives of these Hluttaws have to be determined in a separate
law so as to enable them to carry out their tasks.
As regards determining the duties, powers and
privileges of the representatives of the Pyithu Hluttaw, the Amyotha Hluttaw
and the region and the state Hluttaw, the detailed fundamental principle should
be laid down as follows:
-- The duties, powers and privileges of the
representatives of the Pyithu Hluttaw, the Amyotha Hluttaw and the region and
the state Hluttaws shall be prescribed by law.
[Qualifications of Pyithu Hluttaw members]
Esteemed Chairman,
I have clarified some detailed fundamental
principles in connection with organization of legislative Hluttaws. I will
continue on laying down the detailed fundamental principle in connection with
the qualifications of the representatives of these Hluttaws. First, I will
clarify the points to be considered for prescribing the qualifications of the
Hluttaw representatives.
The age-limit for a Hluttaw representative is
minimum 21 years in the 1947 Constitution and 28 in the 1974 Constitution.
It was prescribed in the Multiparty Democracy
General Election Law promulgated in 1989 that persons who have completed the
age of 21 and who are not contrary to the provisions of the law can stand for
election as Pyithu Hluttaw representatives.
The Pyithu Hluttaw will promulgate necessary
laws for the nation and carry out duties as assigned to it by the Constitution
in accordance with laws and rules. Pyithu Hluttaw representatives who have to
undertake important duties of the State should be experienced and knowledgeable
persons.
It is observed that persons who have
completed the age of 25 years are believed to be experienced and knowledgeable
and so they are expected to forward good advice and suggestions in dealing with
the affairs of the State and introducing laws. So, a basic principle should be
laid down in specific detail prescribing the minimum age limit for a Pyithu
Hluttaw representative as 25 years.
Esteemed Chairman,
The matter of Pyithu Hluttaw representatives
and their citizenship will be clarified. Article 76(1) of the 1947 Constitution
provides: 'Every citizen, who has completed the age of 21 years and who is not
placed under any disability or incapacity by that constitution or by law, shall
be eligible for membership of the Parliament'. Because of that provision,
foreigners who had become naturalized citizens stood for election for
membership of the then Parliament. The 1974 Constitution prescribes that
persons who are citizens born of parents both of whom are also citizens are to
stand for election in order to prevent such cases from arising.
The Pyithu Hluttaw and the Amyotha Hluttaw
are the highest bodies in our country to exercise legislative power. These
organizations should be constituted with Hluttaw representatives who are citizens
born of parents both of whom are also citizens.
So, a basic principle should be laid down in
specific detail that persons standing for election as Pyithu Hluttaw
representatives shall be citizens born of parents both of whom are also
citizens.
Esteemed Chairman,
A person who is going to stand for election
as Pyithu Hluttaw representative should keep himself continuously informed of
the country's political, economic, administrative and social developments. So,
the person should have resided in the country continuously for at least ten
years. Moreover, he should have met the qualifications prescribed in the
election law.
So, in connection with prescribing the
qualifications of the Pyithu Hluttaw representative principles should be laid
down in specific detail as follows:
-- Persons having the following
qualifications are eligible to stand for election as Pyithu Hluttaw
representatives:
(a) Having attained the age of 25 years;
(b) being a citizen born of parents both of
whom are also citizens;
(c) being a person who as resided in the
country continuously for at least ten years;
(d) having met the qualifications prescribed
in the election law.
[Hluttaw Disqualifications]
Esteemed Chairman,
In presenting matters in connection with the
laying down of basic principles on prescribing the qualifications of Pyithu
Hluttaw representatives it is necessary to present matters in connection with
the laying down of precise basic principles who are not entitled to stand for
election as Pyithu Hluttaw representatives. As the kind of persons who are not
entitled to stand for election is quite obvious it will not be clarified but
only the precise basic principles which will be laid down will be presented.
Therefore, a precise basic principle on those
who are not entitled to stand for election as Pyithu Hluttaw representatives
should be laid down as follows:--
-- The following persons are not entitled to
stand for election as Pyithu Hluttaw representatives:--
(a) persons serving prison terms, having been
convicted under sentence of a court for any offence;
(b) whether before or after the commencement
of the Constitution, a persons who has been convicted of offence ceases to be
entitled to stand for election as Pyithu Hluttaw representative unless such a
period prescribed by the authorities concerned has elapsed;
(c) persons adjudged to be of unsound mind as
provided for in the relevant law;
(d) an undischarged bankrupt person;
(e) persons who are under any acknowledgement
of allegiance or adherence to a foreign power, or a subject or a citizen of a
foreign power;
(f) persons who are subjects of a foreign
power, a citizen of a foreign power or entitled to the rights and privileges;
(g) individuals or members of organization
who obtain and make use of money, property, other assistance from the
government or religious organizations or any other organizations of a foreign
country directly or indirectly;
(h) individuals or members of an organization
who, for political purposes, use religion as an excuse, and utter, deliver speeches
and make declarations to vote and who encourage and incite such acts;
(i) members of a religious order;
(j) civil service personnel;
(k) individuals or members of organization
who obtain and make use of State fund, building, vehicles or property directly
or indirectly;
Proviso:
(1) the expression State fund does not
include pension or the official monetary support system given by the State for
services rendered for the benefit of the State;
(2) the expression building, vehicle,
property belonging to the State does not include buildings and apartments
belonging to the State which have been used under any existing law or rented
from the State; aircraft, train, vessels and motor cars belonging to the State
which have been hired on charges from the State;
(l) whether before or after the commencement
of the Constitution a person found to be guilty of offence or corrupt or
illegal practice relating to elections or failed to have abided by the election
law and thus entailing disqualification for election as Pyithu Hluttaw
representative unless a period has elapsed as may be specified by the
authorities concerned.
[Tatmadaw Pyithu Hluttaw members]
Tatmadawmen Pyithu Hluttaw representatives
nominated by the Commander-in-Chief of the Defence Services also possess the
qualifications prescribed for Pyithu Hluttaw representatives.
So, regarding the qualifications of the
Tatmadaw member Hluttaw representatives, it should be laid down as a specific
basic principle that --
-- Tatmadaw member representatives nominated
by the Commander-in-Chief of the Defence Services as Pyithu Hluttaw
representative shall possess qualifications prescribed for Pyithu Hluttaw
representatives.
[Qualifications of Amyotha Hluttaw members]
Esteemed Chairman,
I have clarified qualifications of Pyithu
Hluttaw representatives and persons who do not have the right to stand as
Pyithu Hluttaw representatives. In my clarification that the age of a person
elected Pyithu Hluttaw representative should be prescribed as 25, there is a
factor for emergence of new youth generations who will be taking over State
duties in future. In prescribing the age of Amyotha Hluttaw representatives, it
is to be considered that they should be persons who are well acquainted with
political, economic, administrative and social affairs of the State and be
mature in experience. So, Amyotha Hluttaw should be persons who have fully
attained the age of 30.
Moreover, Amyotha Hluttaw representatives
must possess qualifications prescribed for persons who will stand for election
as Pyithu Hluttaw and should not be disqualified under any of the conditions
concerning persons who have no right to stand for election.
So, regarding the designation of
qualifications of Amyotha Hluttaw representatives, it should be laid down as a
specific basic principle that --
-- Amyotha Hluttaw representatives
(a) shall have completed 30 years of age,
(b) shall possess qualifications, apart from
the age limit, prescribed for standing for election as Pyithu Hluttaw
representatives,
(c) shall be subject to provisions which deny
the right to stand for election as Pyithu Hluttaw representatives.
[Tatmadaw Amyotha Hluttaw members]
Tatmadaw member Hluttaw representative
nominated by the Commander-in-Chief of the Defence Services as Amyotha Hluttaw
representatives should be persons who have qualifications prescribed for
Amyotha Hluttaw representatives.
So, regarding the qualifications of Tatmadaw
member Amyotha Hluttaw representatives, it should be laid down as a specific
basic principle that --
-- Tatmadaw member representative nominated
by the Commander-in-Chief of the Defence Services as Amyotha Hluttaw
representatives shall possess qualifications prescribed for Amyotha Hluttaw
representatives.
[Qualifications of Region/State Hluttaw members]
Prescribing qualifications of region or state
Hluttaw representatives will now be clarified. Exercising the rights empowered
by the Constitution, region or state Hluttaws will have to discharge duties
mainly legislative matters concerning the regions or states concerned. Region
or state representatives, like Pyithu Hluttaw representatives, should be
experienced and knowledgeable persons.
So, in connection with qualifications of the
region or state Hluttaw representatives basic principles should be laid down in
specific detail as follows:
-- Region or state Hluttaw representatives--
(a) shall possess qualifications required of
Pyithu Hluttaw representatives;
(b) shall be subject to provisions denying
the right to stand for election as Pyithu Hluttaw representatives.
[Region/state Hluttaw Tatmadaw members]
Tatmadaw member representatives nominated by
the Commander-in-Chief of the Defence Services to the region or state Hluttaws
should possess qualifications prescribed for the region or state Hluttaw
representatives.
So, in connection with qualifications of the
Tatmadaw member representatives a basic principle should be laid down in
specific detail as follows:
-- Tatmadaw member region or state Hluttaw
representatives nominated as such by the Commander-in-Chief of Defence Services
shall possess qualifications prescribed for the region or state Hluttaw
representatives.
[
National
Executive
I have clarified legislative organization.
Now I will continue to clarify executive organization. (NLM 9/4)
Esteemed Chairman,
The studies of the National Convention
Convening Work Committee in connection with executive organization to be
included in the chapter 'The Executive' will now be clarified.
Some of the basic principles already laid
down by the National Convention are as follows:
-- the head of the executive is the President
of the State;
-- the executive power of the State is
distributed among the administrative organs of Pyidaungsu, regions and states;
-- self-administrative power shall be
distributed to self-administered areas as stipulated by the State Constitution;
-- Pyidaungsu, regions, states,
self-administered areas and districts' executive organs include Tatmadaw member
representatives nominated by the Commander-in-Chief of Defence Services to
undertake responsibilities of the defence, security, border administration,
etc.;
-- for national races of which
representatives are so permitted to participate in legislatures of regions,
states or self-administered areas, representatives are to be permitted to
participate mainly to undertake their national race affairs.
Basic principles are to be laid down in
specific detail in connection with organization of executive affairs based on
those principles.
In accordance with the basic principle 'the
executive power of the State is distributed among the administrative organs of
Pyidaungsu, regions and states' already laid down, the Pyidaungsu government
and the respective governments in every region and every state are to be formed
so that the executive power of the State can be distributed among them.
First, organization of the Pyidaungsu
government will be clarified. In accordance with the basic principle 'the head
of the executive is the President of the State' the Pyidaungsu government is to
be led by the President of the State. Vice-Presidents will be included in the
Pyidaungsu government to assist the President of the State. The President of
the State is to appoint members of the government and assign duties to them so
that powers distributed and vested can be executed. Members of the government
should be called 'Pyidaungsu (Union) Ministers' to make a clear reference of
the basic principle. 'The State shall be known as the Pyidaungsu Thamada
Naing-Ngan-Daw (Republic of the Union)' already laid down. Moreover, the
Attorney-General of the State or the term intended to be revised--the
Attorney-General of the Union--should be a member of the government for
consultations to offer legal advice when the occasion arises. So, the Union
government should be formed with the President of the State, Vice-Presidents,
Union ministers and the Attorney-General of the Union.
[Appointment and qualifications of Ministers]
The President of the State being the head of
the executive shall have the right to designate Union Ministries as necessary
considering the general conditions of the country such as security, maintenance
of law and order, economic, social and transportation fields. Moreover, he
should have the right to allocate the number of Union ministers that should be
included in forming the Union government.
The President of the State is to select,
appoint and assign duties to Union Ministers. There should be qualifications
for selecting Union ministers so that examinations can duly be made. A Union
minister should be a person who has attained the age of 40 years, other than
the age limit, he should possess qualifications prescribed for Pyithu Hluttaw
representatives. Moreover, he should be loyal to the State and citizens.
So, in connection with formation of the Union
government the following basic principles should be laid down in specific
detail:
1. the Head of State is the President of the
State;
2. (a) the executive power of the State is
distributed among the Pyidaungsu, regions and states;
(b) self-administrative power shall be
distributed to self-administered areas as stipulated by the State Constitution;
3. The Pyidaungsu government of the State
shall be formed with the following persons:
(a) the President of the State;
(b) Vice-Presidents;
(c) Union ministers;
(d) the Attorney-General of the Union;
4. The President of the State shall--
(a) designate the Union government ministries
as necessary. Moreover, he can make changes in and additions to the designated
ministries;
(b) allocate the number of Union Ministers as
necessary. Moreover, he can increase or decrease the allocated number.
5. Union Ministers shall possess the
following qualifications:
(a) they must have attained the age of 40
years;
(b) they shall possess qualifications
prescribed for Pyithu Hluttaw representatives except for the age limit.
[Hluttaw ratification of Ministers]
Esteemed Chairman,
It is observed that in certain countries the
President of the State who is the head of the executive of the State appoints
ministers with no consultation with and without seeking the approval of any
person or any organization. In certain countries, however, the President of the
State appoints ministers after obtaining the approval of the Hluttaw. In the
constitution to be written, the President of the State should adopt the method
of appointing the Union Ministers after obtaining the approval of the
Pyidaungsu Hluttaw.
So, the President of the State in appointing
the Union ministers should have the right to select from among the Hluttaw
representatives or non-Hluttaw representatives suitable persons who possess
prescribed qualifications. The President of the State is thus permitted to
select from among non-Hluttaw representatives to provide him an access to
select and appoint experienced intellectuals and intelligentsia concerned if
necessary. In accordance with the principle 'Pyidaungsu, regions, states,
self-administered areas and districts' executive organs include Tatmadaw member
representatives nominated by the Commander-in-Chief of Defence Services to
undertake responsibilities for the defence, security, border administration,
etc.' which has already been laid down, the President of the State is to obtain
the nominated list of Tatmadaw members from the Commander-in-Chief of Defence
Services in order that he may appoint ministers for defence, security/home
affairs and border affairs. The Commander-in-Chief of Defence Services himself
is to nominate only those who possess qualifications prescribed for the Union
ministers.
The President of the State is to prepare the
consolidated list of persons he has selected and that of Tatmadaw members
obtained from the Commander-in-Chief of Defence Services for appointing Union
ministers, submit them to the Pyidaungsu Hluttaw and seek its approval. When
the approval is sought, it should be stipulated that the Pyidaungsu Hluttaw has
no right to refuse a person or persons submitted for the appointment of Union
ministers unless it can prove the person or persons concerned do not possess
qualifications prescribed for the Union Ministers.
The President of the State is to appoint the
Union Ministers after the Pyidaungsu Hluttaw has replied that it approved the
persons contained in the list submitted by him. If the Pyidaungsu Hluttaw
replies that it does not approve the person or persons in the list submitted by
the President of the State he should have the right to submit the list
furnished with new names and seek the approval of the Pyidaungsu Hluttaw again.
In appointing the Union Ministers, the
President of the State is to allocate the ministry or ministries which each
Union minister is to take charge.
The President of the State should have the
right to consult with the Commander-in-Chief of Defence Services if he desires
to appoint Tatmadaw members as ministers for the ministries other than defence,
security/home affairs and border affairs in the interest of the nation.
It should be stipulated requiring the
President of the State to inform the Pyidaungsu Hluttaw when he appoints the
Union Ministers.
As the Union Ministers have been appointed by
the President of the State, it should be stipulated that they shall be directly
responsible to the President of the State.
So, in connection with the appointment of
Union Ministers basic principles should be laid down in specific detail as
follows:
1. the President of the Union shall appoint
Union ministers--
(a) he shall select suitable persons who
possess prescribed qualifications from among the Hluttaw representatives or
non-Hluttaw representatives;
(b) he shall obtain the list of suitable
Tatmadaw members from the Commander-in-Chief of Defence Services for the
ministries of defence, security/home affairs and border affairs;
2. the President of the State is to prepare
together the list of persons he has selected and that of Tatmadaw members
obtained from the Commander-in-Chief of Defence Services, submit them to the
Pyidaungsu Hluttaw and seek its approval;
3. Pyidaungsu Hluttaw has no right to refuse
a person or persons contained in the list thus submitted for the appointment of
Union Ministers unless it can prove the person or persons concerned do not
possess qualifications prescribed for the Union Ministers;
4. the President of the State has the right
to submit again the list furnished with new name replacing the one which has
not been approved by the Pyidaungsu Hluttaw for the appointment of the Union
Minister;
5. the President of the State shall appoint
persons approved by the Pyidaungsu Hluttaw as Union Ministers; in appointing
them the President of the State is to allocate the ministry or ministries which
each Union Minister is to take charge.
6. the President of the State shall consult
with the Commander-in-Chief of Defence Services if he desires to appoint
Tatmadaw members as ministers for the ministries other than defence,
security/home affairs and border affairs in the national interest;
7. the President of the State shall inform
the Pyidaungsu Hluttaw whenever he appoints the Union Ministers;
8. the Union ministers shall be directly
responsible to the President of the State.
[Impeachment of Ministers]
Esteemed Chairman,
Any Pyidaungsu (Union) Minister can be
subject to impeachment for treason, violation of the Constitution, misconduct and
declared disqualified as Union Minister according to the Constitution.
If any Union Minister is impeached, it should
proceed in accordance with the basic principle prescribed under the
Constitution for impeachment of the President. When the Hluttaw which has
investigated or the Hluttaw which has ordered the investigation to be made
informs that the charge has been sustained and that the Union Minister is not
fit to remain in office, the President shall remove him from office.
When the Hluttaw concerned decides that the
charge is to be refuted then the Chairman of the Hluttaw concerned is to inform
the President.
Hence, in connection with the impeachment of
any Union Minister precise basic principles should be laid down as follows:--
1. any Union Minister shall be impeached for
one of the following reasons:--
(a) treason;
(b) violation of the Constitution;
(c) misconduct;
(d) being disqualified for Union Minister
under the Constitution;
2. when any Union Minister is impeached the
procedures for impeachment of the President or the Vice-President in accordance
with the provisions of the Constitution shall be used;
3. when the charge against any Union Minister
who is impeached is maintained and is disqualified as a Union Minister, the
Hluttaw concerned is to inform the President and the President shall remove the
Union Minister from office;
4. If the Hluttaw concerned decides that the
charge has been refuted, the chairman of the Hluttaw is to inform the
President.
[Deputy Ministers]
Esteemed Chairman,
The President shall have the right to choose,
appoint and assign duties as Deputy Ministers to assist Union Ministers,
according to his own wish, any Hluttaw representatives or any suitable persons
who are not Hluttaw representatives. Deputy Ministers must have attained the
age of 35. With the exception of age limit, they must have the qualifications
prescribed for Hluttaw representatives. Those who have been assigned duties as
Deputy Ministers must be loyal to the State and the citizens.
If Deputy Ministers for defence,
security/home affairs and border affairs are to be appointed and assigned
duties, then the President is to ask for the nomination from the
Commander-in-Chief of the Defence Services. Moreover, if Tatmadaw members are
to be appointed as Deputy Ministers of other Ministries, then the President is
to coordinate with the Commander-in-Chief of the Defence Services and take
necessary steps.
The President, on appointing and assigning
duties to Deputy Ministers, must nominate the Ministries concerned. The Deputy
Ministers, through the respective Union Minister, are responsible to the
President.
Therefore, precise basic principles must be
laid down in connection with the appointment and assigning of duties of Deputy
Ministers as follows:--
1. the President shall have the right to
choose, appoint and assign duties to Deputy Ministers to assist the Union
Ministers, from any Hluttaw representatives or any person who is not a Hluttaw
representative, who have the following qualifications:--
(a) must be persons who have attained 35
years of age;
(b) with the exception of age limit, all who
have the qualifications prescribed for Hluttaw representatives;
(c) must be loyal to the State and the
citizens;
2. If the President is to appoint and assign
duties to Deputy Ministers for defence, security/home affairs and border
affairs, the President shall ask for the nomination from the Commander-in-Chief
of the Defence Services and then appoint them;
3. the President, in appointing and assigning
duties to Tatmadaw members as Deputy Ministers to other ministries in addition
to defence, security/home affairs and border affairs, shall coordinate with the
Commander-in-Chief of the Defence Services and take steps;
4. the President, in appointing and assigning
duties to Deputy Ministers shall nominate the ministries concerned;
5. the Deputy Ministers, through the
respective Union Ministers, shall be responsible to the President.
[Ministers' terms, resignations, and
conflicts of interest]
Esteemed Chairman,
The term of office of Union Ministers and
Deputy Ministers must be the same as that of the President. If the Union
Minister and Deputy Minister wish to resign on their volition before the expiry
date of their term of office, they will be permitted to resign only after
submitting a letter of resignation to the President.
The President has the right to order the
resignation of any Union Minister or Deputy Minister if they are unable to
perform the duties assigned to them. If they fail to comply with the order then
they can be removed from office. If such a person is a Tatmadawman, then the
President is to coordinate with the Commander-in-Chief of the Defence Services.
If the post of Union Minister or Deputy
Minister falls vacant due to resignation, removal from office, death or any
other reason, the President has the right to appoint and assign duties to a new
Union Minister or Deputy Minister in accordance with the provisions of the
Constitution. The term of office of such Union Minister and Deputy Minister
should be the same as the remaining term of office of the President.
In accordance with the basic principle laid
down "the three branches of State power, namely, legislative, executive
and judicial powers are separated as much as possible and exert reciprocal
control, check and balance among themselves", it should be prescribed that
if the Union Minister or Deputy Minister is a representative of one of the
Hluttaws, then it is to be assumed that he has to resign as a Hluttaw
representative from the day he is appointed Union Minister or Deputy Minister.
It is also considered that if the Union
Minister or Deputy Minister is a civil servant, it is not appropriate for him
to resume duties in his own office or any Government office. Hence, it is to be
prescribed that from the day they are appointed Union Minister or Deputy
Ministers, it is to be assumed that he has retired from civil service or
accordance with civil service rules and regulations.
The Union Minister or Deputy Minister must
work in the interest of the State and the public. Therefore, a provision should
be included that if they happen to be members of a political party, they should
not take part in party activities of that party organization from the date they
are appointed and assigned duties up to the end of the term of office.
The duties, rights and privileges of Union
Ministers and Deputy Ministers are to be prescribed by law.
Therefore, detailed basic principles on the
term of office, resignation, removal from office and replacement of Union
Ministers and Deputy Ministers should be laid down as follows:--
1. the term of office of Union Minister and
Deputy Ministers shall generally be the same as the term of office of the
President;
2. if the Union Minister or Deputy Minister
desires to resign from office of his own volition due to a certain reason
before the expiry of the term of office, then he shall do so only after
tendering his written resignation to the President;
3. the President shall--
(a) have the right to order the resignation
of a Union Minister or Deputy Minister, who has failed to discharge his duties,
and can remove him from office if he fails to comply with the order;
(b) coordinate with the Commander-in-Chief of
the Defence Services and take steps if the Union Minister or Deputy Minister
against whom action is to be taken is a Tatmadawman who is appointed with the
nomination of the Commander-in-Chief of the Defence Services;
4. if the post of Union Minister or Deputy
Minister falls vacant due to resignation, removal from office, death or any
reason, the President shall have the right to appoint and assign duties to a
new Union Minister or Deputy Minister in accordance with the provisions of the
Constitution. The term of office of the newly appointed Union Minister or
Deputy Minister shall be the same as the remaining term of the President;
5. if the Union Minister or Deputy Minister
is a representative of a Hluttaw, it is to be assumed that he has resigned as a
Hluttaw representative from the date he is appointed Union Minister or Deputy
Minister;
6. if the Union Minister or Deputy Minister
is civil servant, then it is to be assumed that he has resigned as a civil
servant according to the civil service rules and regulations from the date he
is appointed Union Minister or Deputy Minister;
7. if the Union Minister or Deputy Minister
is a member of a political party, then he shall refrain from participating in
party activities during the term of office from the date he is appointed as
Union Minister or Deputy Minister;
8. the duties, rights and privileges of Union
Ministers and Deputy Ministers shall be prescribed by law.
[Attorney-General]
Esteemed Chairman,
I will go on to explain appointment of
Pyidaungsu (Union) Attorney-General and assignment of his duties. A basic
principle has already been laid down that 'The Head of State is the President
of the State". It is of the opinion that the term 'Naing-ngan-daw' (State)
should be used together only with the President. So, instead of using onward
such terms as Naing-ngan-daw Attorney-General, Naing-ngan-daw Auditor-General
etc. as in the 1947 Constitution, I would like to propose that Pyidaungsu
(Union) Attorney-General be used instead of 'Naing-ngan-daw
Attorney-General" and 'Pyidaungsu (Union) Auditor-General' instead of
'Naing-ngan-daw Auditor-General' in the Constitution to be drawn up so that it
may suggest that they are concerned with, or in other words, represent the
entire Pyidaungsu (Union).
The President of the State, after choosing a
suitable person so as to get advice on legal matters and assign duties of a
legal character, is to appoint him Pyidaungsu Attorney-General. The President
should have the right to choose the person from among the Hluttaw
representatives or non-Hluttaw representatives. After that, the nomination is
to be sent to the Pyidaungsu Hluttaw for approval. It is needed for the person
to be appointed Pyidaungsu Attorney-General to be mature in experience and so,
he must have completed the age of 45. Apart from the age limit, he is also to
possess qualifications prescribed for Pyithu Hluttaw representatives. Moreover,
he should be a person who has been for at least five years a judge of the Tayar
Hluttaw (High Court) or at least ten years a judicial personnel or a law personnel
in a position not lower than the level of region or state or and advocate of
the Tayar Hluttaw (High Court) of at least 20 years' standing or a person who
is assumed by the President to be a legal expert of prominent repute. The
Pyidaungsu Attorney-General must also be loyal to the State and the citizens.
It should also be prescribed that the
Pyidaungsu Hluttaw does not have the right to reject the person nominated by
the President to be appointed Pyidaungsu Attorney-General unless it can prove
clearly that he is not qualified for being Pyidaungsu Attorney-General.
As clarified above, it should also be
provided that Pyidaungsu Attorney-General be designated a member of the
Pyidaungsu Government. The Pyidaungsu Attorney-General is to be responsible direct
to the President of the State.
So, regarding appointment and assignment of
duties of Pyidaungsu Attorney-General, it should be laid down as specific basic
principles--
1. with the approval of the Pyidaungsu
Hluttaw, the President of the State shall appoint a person, from among the
Hluttaw representatives or persons who are not Hluttaw representatives, having
the following qualifications, so as to get advice on legal matters and assign
duties of a legal character.
(a) being a person who has completed 45 years
of age,
(b) apart from the age limit, having
qualifications prescribed for Pyithu Hluttaw representatives;
(c) being a person
(1) who has been for at least five years a
judge of the Tayar Hluttaw (High Court), or
(2) who, if he is a judicial personnel or a
law personnel, has been for at least ten years in a position not lower than
region or state level, or
(3) who has been an advocate of the Tayar
Hluttaw (High Court) of at least 20 years' standing, or
(4) who is assumed by the President to be a
legal expert of prominent reputation,
(d) being a person who is loyal to the State
and the citizens.
2. Pyidaungsu Hluttaw shall not have the
right to reject the person nominated by the President to be appointed
Pyidaungsu Attorney-General unless it can prove clearly that he is not
qualified for being Pyidaungsu Attorney-General.
3. Pyidaungsu Attorney-General is a member of
the Pyidaungsu Government.
4. Pyidaungsu Attorney-General is responsible
direct to the President of the State.
[Impeachment of Attorney-General]
Esteemed Chairman,
In the same way Pyidaungsu Ministers can be
impeached there should be the right to impeach Pyidaungsu Attorney-General for
any of the following reasons-- treason, violation of the provisions in the
Constitution, misconduct and being disqualified under the Constitution.
If it is desired to impeach Pyidaungsu
Attorney-General, it should be done in accordance with the provisions regarding
impeachment of the President of the State or the Vice-President. If the Hluttaw
concerned, by which the charge has been investigated or caused to be
investigated, submits that the charge has been sustained and the offence, [or]
the subject [sic-- evidently should be "substance"] of the offence,
is such as to render the Pyidaungsu Attorney-General unfit to continue in
office, the President of the State is to terminate the Pyidaungsu
Attorney-General from duties.
If the Hluttaw concerned decides that the
charge has been refuted, Hluttaw Chairman is to report the decision to the
President of the State.
So, regarding impeachment of Pyidaungsu
Attorney-General, it should be laid down as specific basic principles--
1. Pyidaungsu Attorney-General shall be
impeached for one of the following reasons:
(a) treason,
(b) violation of the provisions in the
Constitution,
(c) misconduct,
(d) being disqualified for the post of
Pyidaungsu Attorney-General under the Constitution.
2. If it is desired to impeach Pyidaungsu
Attorney-General, it shall proceed in accordance with provisions regarding the
impeachment of President of the State or Vice-President.
3. If the respective Hluttaw submits that the
charge has been sustained and the offence or the substance of the offence, is
such as to render the Pyidaungsu Attorney-General unfit to continue in office,
the President of the State shall terminate the Pyidaungsu Attorney-General from
duties.
4. If the respective Hluttaw decides that the
charge has been refuted, the Hluttaw Chairman shall report the decision to the
President of the State.
[Deputy Attorney-General]
Esteemed Chairman,
The President of the State should have the
right to appoint, of his own volition, a suitable person from among Hluttaw
representatives or non-Hluttaw representatives Deputy Attorney-General to
support Pyidaungsu Attorney-General. To do so, the Deputy Attorney-General
should be a person who has completed the age of 40. Apart from the age limit,
he should also be a person having qualifications prescribed for Pyithu Hluttaw
representatives. Moreover, he should be a person who has been for at least five
years a judge of the Tayar Hluttaw (High Court) or for at least ten years a
judicial personnel or a law personnel in a position not lower than the level of
region or state or an advocate of the Tayar Hluttaw (High Court) of at least 15
years' standing or a person who is assumed by the President to be a legal
expert of prominent reputation. The Deputy Attorney-General must also be a
person who is loyal to the State and the citizens.
The Deputy Attorney-General is responsible
through the Pyidaungsu Attorney-General to the President of the State.
So, it should be laid down as specific basic
principles--
1. President of the State shall appoint of
his own volition a person having the following qualifications from among
Hluttaw representatives or persons who are not Hluttaw representatives Deputy
Attorney-General to support Pyidaungsu Attorney-General:
(a) being a person who has completed the age
of 40.
(b) apart from the age limit, having qualifications
prescribed for Pyithu Hluttaw representatives.
(c) being a person
(1) who has been for at least five years a
judge of Tayar Hluttaw (High Court), or
(2) who, if he is a judicial personnel or a
law personnel, has been for at least ten years in a position not lower than
region or state level,
(3) who has been an advocate of the Tayar
Hluttaw (High Court) of at least 15 years' standing, or
(4) who is assumed by the President to be a
legal expert of prominent reputation,
(d) being a person who is loyal to the State
and the citizenry.
2. Deputy Attorney-General is responsible to
the President of the State through the Pyidaungsu Attorney-General.
[Term, resignation, vacancy]
Esteemed Chairman,
The term of office of Pyidaungsu (Union)
Attorney-General and Deputy Attorney-General should be the same as the tenure
of office of the President of the State. If the Attorney-General or the Deputy
Attorney-General wants to resign of his own accord before the expiry of his term
of office, he should be allowed to do so after he has submitted his resignation
to the President of the State.
The President of the State should have power
to instruct the Attorney-General or the Deputy Attorney-General, who is
incapable of performing duties properly, to resign. In failure to follow his
instruction, the President should also have power to remove the
Attorney-General or the Deputy Attorney-General from office.
If the post of the Attorney-General or the
Deputy Attorney-General becomes vacant in the event of his resignation, or
being removed from office, or his death, or other reasons, there is the need to
fill the vacant post. The President, in accord with the provisions under the
Constitution, have to appoint a new Attorney-General or Deputy
Attorney-General. The remaining tenure of office of the President should be
prescribed for the term of office of the new Attorney-General or Deputy
Attorney-General.
Like Pyidaungsu minister or deputy minister,
if the Attorney-General or the Deputy Attorney-General who is a member of a
Hluttaw should be deemed to have vacated his seat in that Hluttaw from the date
he is appointed as the Attorney-General or the Deputy Attorney-General.
If the Attorney-General or the Deputy
Attorney-General is a civil servant, it is of opinion that he should not
discharge duties again in his own department or any governmental organization.
As such, the Attorney-General or the Deputy Attorney-General should be deemed
to have retired as a civil servant.
The Pyidaungsu Attorney-General or Deputy
Attorney-General is entitled to perform duties in the interest of the State and
the citizens. So, if he is a member of a political party, it should be
prescribed to prevent him from performing duties of that party.
The duties, powers and privileges of
Pyidaungsu Attorney-General or Deputy Attorney-General should be prescribed by
law.
Regarding the term of office, resignation,
termination of duties and filling the vacant post of the Pyidaungsu
Attorney-General or Deputy Attorney-General, it should be laid down as basic
specific principles that--
1. The term of office of the Pyidaungsu
Attorney-General or Deputy Attorney-General in general shall be the same as
that of the President of the State;
2. The Pyidaungsu Attorney-General or Deputy
Attorney-General may resign of his own accord before the expiry date of the
term of office after submitting his resignation to the President of the State;
3. The President of the State may instruct
the Pyidaungsu Attorney-General or Deputy Attorney-General who cannot perform
duties fully to resign, and shall have right to remove him from office in
failure to follow the instruction;
4. The President of the State shall, if the
post of the Pyidaungsu Attorney-General or Deputy Attorney-General becomes
vacant in the event of resignation, or being removed from office, or death, or
any reason, appoint a new Attorney-General or Deputy Attorney-General in accord
with the provisions under the Constitution. The remaining tenure of office of
the President of the State shall be prescribed for the term of office of the
new Attorney-General or Deputy Attorney-General;
5. If Pyidaungsu Attorney-General or Deputy
Attorney-General is a representative of a Hluttaw, he shall be deemed to have
vacated his seat in that Hluttaw from the date he is appointed the
Attorney-General or the Deputy Attorney-General;
6. If the Pyidaungsu Attorney-General or
Deputy Attorney-General is a civil servant, he shall be deemed to have retired
in accord with the prevailing rules and regulations from the date he is
appointed the Attorney-General or the Deputy Attorney-General;
7. If the Pyidaungsu Attorney-General or
Deputy Attorney-General is a member of a political party, he shall not perform
the duties of that party during his tenure of office from the date he is
appointed the Attorney-General or the Deputy Attorney-General;
8. The duties, powers and privileges of the
Pyidaungsu Attorney-General or Deputy Attorney-General shall be prescribed by
law.
[Pyidaungsu Auditor-General]
Esteemed Chairman,
I will continue on appointment of the
Pyidaungsu Auditor-General. I have already clarified to change the term
'Naing-ngan-daw Attorney-General' to 'Pyidaungsu (Union) Attorney-General'.
Similarly, it is advised to change the name 'Naing-ngan-daw Auditor-General' to
'Pyidaungsu (Union) Auditor-General'.
An appropriate, qualified person to audit the
accounts of the governmental organizations to be able to submit reports to the
respective Hluttaws has to be chosen and appointed by the President of the
State. In so doing, the President should have the right to choose from among
Hluttaw or non-Hluttaw representatives and is to send the nomination of the
Auditor-General to the Pyidaungsu Hluttaw for approval.
The person to be appointed to be the
Pyidaungsu Auditor-General is essential to be mature in experience. As such,
his age should be over 45. Apart from the age limit, he should have the
qualifications prescribed for Hluttaw representatives. Moreover, he should have
been for at least ten years an auditor not lower than the region or the state
level, or at least 20 years a Registered Accountant or a Certified Public
Accountant, or a person assumed by the President of the State to be a
well-known statistician or economist for [sic] good reputation. It is also essential
for the Auditor-General to be loyal to the State and the citizens.
If it cannot be proved that the person
nominated by the President of the State does not possess the qualifications
prescribed for the Auditor-General, it should be prescribed that the Pyidaungsu
Hluttaw cannot reject the appointment of the Auditor-General. The Pyidaungsu
Auditor-General is responsible direct to the President of the State.
In connection with the appointment of a
Pyidaungsu Auditor-General, the basic principle should be laid down in specific
detail as follows:
1. The President of the State shall appoint a
person, having the following qualifications from among Hluttaw or non-Hluttaw
representatives, as Pyidaungsu Auditor-General after seeking approval of the
Pyidaungsu Hluttaw so as to enable him to audit the accounts of governmental
organizations to be able to submit reports to the Pyithu Hluttaw and the
Amyotha Hluttaw--
(a) being a person who has completed the age
of 45,
(b) having qualifications, apart from the age
limit, prescribed for Hluttaw representatives,
(c) being a person
(1) who has been for at least ten years an
auditor not lower than the region or the state level, or
(2) who has been for at least twenty years a
Registered Accountant or a Certified Public Accountant, or
(3) who is assumed by the President to be a
well-known statistician or economist for good reputation;
(d) being a person who is loyal to the State
and the citizens.
2. Pyidaungsu Hluttaw shall not have the
right to reject the person nominated by the President to be appointed
Pyidaungsu Auditor-General unless it can prove clearly that he is not qualified
for being Pyidaungsu Auditor-General,
3. Pyidaungsu Auditor-General shall be
responsible direct to the President.
[Impeachment of the Auditor-General]
Esteemed Chairman,
Just as the Pyidaungsu Ministers and the
Pyidaungsu Attorney-General can be impeached, the Pyidaungsu Auditor-General
can be impeached for any of the reasons-- treason, violation of the provisions
of the Constitution, misconduct and being disqualified for the post of
Pyidaungsu Auditor-General under the Constitution.
It should be prescribed that if it is desired
to impeach the Pyidaungsu Auditor-General, it can be done so in accord with the
provisions regarding impeachment of the President and the Vice-President of the
State. If the Hluttaw concerned submits that the charge has been sustained and
the offence, the subject of the offence is such as to render the Pyidaungsu
Auditor-General unfit to continue in office, the President of the State is to
remove the Pyidaungsu Auditor-General from office.
If the Hluttaw concerned decides that the
charge has been refuted, h concerned decides that the charge has been refuted,
Hluttaw Chairman is to report the decision to the President of the State.
As such, in connection with the impeachment
of Pyidaungsu Auditor-General, the detailed fundamental principle should be
laid down that--
1. Pyidaungsu Auditor-General shall be
impeached for one of the following reasons:
(a) treason,
(b) violation of the provisions in the
Constitution,
(c) misconduct,
(d) being disqualified for the post of
Pyidaungsu Auditor-General under the Constitution;
2. If it is desired to impeach Pyidaungsu
Auditor-General, it shall proceed in accord with provisions relating to the
impeachment of the President and the Vice-President of the State;
3. If the Hluttaw concerned submits that the
charge has been sustained and the offence, the subject of the offence, is such
as to render the Pyidaungsu Auditor-General unfit to continue in office, the
President of the State shall remove the Pyidaungsu Auditor-General from office;
4. If the Hluttaw concerned decides that the
charge is refuted, the Hluttaw Chairman shall report the decision to the
President of the State.
[Deputy Auditor-General]
The President of the State should have the
right to select from among the Hluttaw representatives or non-Hluttaw
representatives a suitable person and then appoint him Deputy Attorney-General
to assist the Auditor-General of the Union. In so doing, the Deputy
Attorney-General should have attained 40 years of age. Except the age limit, he
should possess qualifications prescribed for the Pyithu Hluttaw
representatives. Moreover, he should have served as auditor at not lower in
rank than region or state level for at least ten years or as a Registered
Accountant or Certified Public Accountant for at least 15 years or a person who
the President of the State regards as a well-known statistician or economist
for good reputation. The Deputy Attorney-General shall be loyal to the State
and citizens.
[Civil Service Board]
Esteemed Chairman,
I will now clarify matters on formation of
Pyidaungsu (Union) Civil Service Board. At present the duties of selection and
training of civil service personnel and prescribing civil service rules and
regulations are being carried out by the Civil Service Selection and Training
Board. This board has been formed by promulgating a separate law.
In order to have uniformity in training and
selecting civil service personnel of civil service organizations for the
prescribed ranks, one of the central organizations is to take up this
responsibility. In like manner the rules and regulations to be abided by the
civil service personnel should not be different between regions and states but
should have uniformity, a central organization should be assigned duties to
prescribe and control. This duty should be assigned by forming the Union Civil
Service Board. This Union Civil Service Board should not be one which is formed
by promulgating a separate law like the present Civil Service Selection and
Training Board, but which is formed according to the Constitution. It has been
found in the Constitutions of some countries the provisions are made for
forming Civil Service Boards.
Hence, there should be a provision included
in the Constitution giving the President the right to form a Union Civil
Service Board responsible for selecting and training civil service personnel
and prescribing civil service rules and regulations. The President is to select
and appoint suitable persons of his choice who have the prescribed
qualifications for the chairman and members of the Union Civil Service Board.
It is to be prescribed that the Union Civil Service Board is to be formed by
appointing five to nine members, including the chairman.
Those who are appointed as chairman and
members of the Union Civil Service Board should have a wide range of general
knowledge. It is appropriate for them to have attained the age of 50. With the
exception of age limit, they should have the same qualifications as those
prescribed for Hluttaw representatives. Moreover, they should also be
well-experienced intelligentsia and intellectuals. It is also necessary for
them to be free from party politics and they should not be Hluttaw
representatives.
The chairman and members of the Union Civil
Service Board must be directly responsible to the President and at the same
time their term of office should be the same as that of the President.
The duties, rights, privileges, resignation
and removal from office of the chairman and members of the Union Civil Service
Board should be prescribed by promulgating a law.
Therefore, a detailed basic principles [sic]
should be laid in connection with the formation of the Union Civil Service
Board as follows:--
1. the President shall form the Union Civil
Service Board to perform the duties of selecting and training civil service
personnel and to prescribe civil service rules and regulations.
2. the President shall have the right to
appoint from five to nine members, inclusive of the chairman of the Union Civil
Service Board and assign them duties;
3. the President shall have the right to
appoint from five to nine members, inclusive of the chairman of the Union Civil
Service Board [sic] and assign duties to those who have the following
qualifications:--
(a) those who have attained the age of 50;
(b) with the exception of age limit, those
who have the qualifications prescribed for Hluttaw representatives;
(c) well-experienced intelligentsia and
intellectuals;
(d) those who are loyal to the State and
citizens;
(e) those who are non-party members;
(f) those who are not Hluttaw
representatives;
4. the chairman and members of the Union
Civil Service Board should be directly responsible to the President;
5. the term of office of the chairman and
members of the Union Civil Service Board shall generally be the same as the
term of office of the President; and
6. the duties, rights, privileges,
resignation and removal from office of the chairman and members of the Union
Civil Service Board shall be prescribed by promulgating a law.
(NLM 9/5)
[
[Region/State
governments]
Esteemed Chairman,
Continuing, I will explain formation of the
region or state government. As I have said earlier, region governments are to
be formed in each region and state governments in each state.
There must be a head and members in the
region or state government. I would like to propose that the head of the
region or state be called 'Chief Minister of
the Region or State' so that region or state governments will emerge in their
clear formation and the Pyidaungsu (Union) characteristics will appear in a
vivid shape when the new Constitution comes into force. Similarly, members of
the region or state government should be called 'Ministers of the Region or
State'.
In the same way as Pyidaungsu
Attorney-General is included in the Pyidaungsu (Union) Government as a member,
region or state Advocate-General should be included in the region or state
government as a member. In the region or state, a different term,
'Advocate-General of the Region or State' should be used instead of
Attorney-General in the Pyidaungsu (Union) level.
I would like to propose that the region or
state government be constituted with the Chief Minister of the Region or State
and Advocate-General of the Region or State. Depending on different situations
and circumstances in regions or states, the President should have the right to
stipulate as necessary the number of ministries for each region and state. He should
also have the right to stipulate as necessary the number of Ministers to be
appointed in each region or state government.
Persons appointed the region or state Chief
Minister and Ministers should have completed at least 35 years of age. Apart
from the age limit, they should possess qualifications prescribed for region or
state Hluttaw representatives. Moreover, the region or state Chief Minister and
Ministers should be persons who are loyal to the State and the citizens.
Self-administered division or self-administered
zone chairmen are to be appointed Ministers of the respective region or state
in suitable portfolios. Moreover, Hluttaw representatives who have been elected
to manage affairs of their national races in the respective region or state are
to be appointed Ministers of the region or state. It may perhaps be needed to
relax their age limit from 35, which is designated for the Chief Minister and
Ministers of the region or state. If it is so needed, permission to relax the
age limit should also be provided as an exception in the Constitution.
First of all, the President is to choose a
suitable person from among the respective Hluttaw representatives possessing
prescribed qualifications so as to be able to appoint Chief Minister of the
region or state. The nomination is to be sent to the respective region or state
Hluttaw for approval. On receiving the approval, the nominee is to be appointed
the Chief Minister of the region or state. It should be prescribed that the
President is to choose the nominee from among the respective region or state
Hluttaw representatives and does not have the right to choose from among
non-Hluttaw representatives of the respective region or state.
It should also be provided that the
respective region or state Hluttaw has no right to reject the Hluttaw
representative, nominated by the President for appointment of Chief Minister of
the region or state, unless it can clearly prove that the nominee does not have
qualifications required of Chief Minister of the region or state.
So, regarding formation of the region or
state government and appointment of the Chief Minister of the region or state,
it should be laid down as specific basic principles:
1. The region government is formed in each
region and the state government in each state.
2. The region or state government is formed
with the following persons:
(a) Chief Minister of the region or state,
(b) Ministers of the region or state,
(c) advocate-general of the region or state.
3. The President shall--
(a) prescribe the number of ministries as
necessary and in addition, change or increase the prescribed ministries,
(b) stipulate the number of Ministers of the
respective division [sic] or state as necessary and in addition, increase or
reduce the stipulated number.
4. The Chief Minister and Ministers of the
region or state shall have the following qualifications:
(a) being a person who has completed 35 years
of age,
(b) apart from the age limit, being a person
possessing qualifications prescribed for region or state Hluttaw
representatives,
(c) being a person who is loyal to the State
and citizens.
5. To appoint the respective Chief Minister
of the region or state, the President shall
(a) choose a suitable person from among the
respective region or state Hluttaw representatives having prescribed
qualifications.
(b) send the nomination to the respective
region or state Hluttaw for approval.
6. The President shall appoint the Hluttaw
representative approved by the respective region or state Hluttaw as the Chief
Minister of the region or state.
7. The region or state Hluttaw does not have
the right to reject the Hluttaw representative nominated by the President for
appointment of Chief Minister unless it can clearly prove that the nominee is
not qualified for Chief Ministership.
[Region/state Ministers]
Esteemed Chairman,
The Chief Minister of the region or state is
to select by own will suitable persons from amongst those who possess
prescribed qualifications from among members of region or state Hluttaw or from
among non-members to appoint as region or state Ministers. He is to also act
from the Commander-in-Chief of Defence Services a list of names of suitable
Tatmadaw to assign security and border affairs responsibilities. Moreover, he
is also to ask from the leading body of self-administered division or zone in
the region or state a list of names of their chairmen to appoint as region or
state Ministers. Likewise, he is to seek from the respective election
commission a list of names of Hluttaw representatives elected to undertake
national race affairs in the region or state.
The Chief Minister of the region or state is
to compile the list of names of persons he has selected of his choice, and names
of Tatmadaw members nominated by the Commander-in-Chief of Defence Services and
submit it to the region or state Hluttaw and seek its approval.
It should be prescribed that the region or
state Hluttaw has no right to reject the region or state Chief Minister's
nominations for appointment as Ministers, unless it can show clear proof of
want of qualifications prescribed for region or state Ministers.
The region or state Chief Minister is to
submit to the President of the State to appoint as region or state Ministers
persons approved by the region or state Hluttaw, chairmen of self-administered
divisions or zones, and Hluttaw members elected to undertake national race
affairs. The President of the State is to appoint them as region or state
Ministers, and in so doing to assign specific portfolios for each of them.
The President of the State, in appointing
region or state Ministers, is to appoint the chairmen of self-administered
divisions or zones as Ministers for the respective self-administered divisions
or zones. He is also to appoint the Hluttaw representatives elected to
undertake national race affairs as Ministers for the national race affairs. It
should also be prescribed that he may also appoint them concurrently in charge
of other ministries as well.
The region or state Chief Minister, if
desirous of assigning Tatmadaw members as region or state Ministers for other
responsibilities in addition to security and border areas affairs
responsibilities, shall act in coordination with the Commander-in-Chief of
Defence Services. Moreover, he is also to obtain the approval of the respective
region or state Hluttaw.
The President of the State is to send
intimation of the appointments of the region or state Chief Minister and
Ministers to the region or state Hluttaw and Union Hluttaw.
The region or state Chief Minister shall be
directly responsible to the President of the State. The region or state
Ministers, too, shall be responsible, through the region or state Chief
Minister, to the President of the State.
The term of office of the region or state
Chief Minister and Ministers shall normally be the same as that of the
President of the State.
So, in connection with the appointment of
region or state Ministers, it should be laid down as detailed basic principles
that--
1. In order to appoint region or state
Ministers, the region or state Chief Minister shall:
(a) select suitable persons from among those
who possess prescribed qualifications from among the members of region or state
Hluttaw or from among non-members,
(b) ask from the Commander-in-Chief of
Defence Services a list of names of suitable Tatmadaw members to assign
security and border affairs responsibilities,
(c) ask from the leading body of
self-administered division or zone in the region or state a list of names of
their chairmen to appoint as region or state Ministers,
(d) seek from the respective election
commission a list of names of Hluttaw representatives elected to undertake
national race affairs in the region or state.
2. The Chief Minister of the region or state
is to compile the list of names of persons he has selected, and names of
Tatmadaw members nominated by the Commander-in-Chief of Defence Services and
submit it to the region or state Hluttaw and seek its approval.
3. The region or state Hluttaw shall have no
right to reject the region or state Chief Minister's nominations for
appointment as Ministers, unless it can show clear proof of want of
qualifications prescribed for region or state Ministers.
4. The region or state Chief Minister is to submit
to the President of the State to appoint as region or state Ministers persons
approved by the region or state Hluttaw, chairmen of self-administered
divisions or zones, and Hluttaw members elected to undertake national race
affairs.
5. The President of the State is to appoint
as region or state Ministers the persons submitted by the region or state Chief
Minister. In so doing he is to assign portfolios to each in coordination with
the Chief Minister.
6. The President of the State shall--
(a) assign to chairmen of self-administered
division and zones who are region or state Ministers the responsibility of
respective self-administered division or zone;
(b) assign Hluttaw representatives elected to
undertake national race affairs who are region or state Ministers the
responsibility for national race affairs.
7. The President of the State may exercise
relaxation of stipulations in the State Constitution in appointing as region or
state Ministers the chairmen of self-administered divisions or zones or the Hluttaw
representatives elected to undertake race affairs in the regions or states.
8. The President of the State may appoint
Ministers for self-administered divisions or zones and Ministers for national
race affairs as Ministers concurrently in charge of other ministries as well.
9. The region or state Chief Minister, if
desirous of assigning Tatmadaw members as region or state Ministers for other
responsibilities in addition to security and border areas affairs
responsibilities shall coordinate with the Commander-in-Chief of Defence
Services, obtain the approval of the respective region or state Hluttaw, and
submit it to the President of the State.
10. The President of the State is to send
intimation of the appointments of region or state Chief Minister and Ministers
to the region or state Hluttaw and Union Hluttaw.
11. (a) The region or state Chief Minister
shall be directly responsible to the President of the State.
(b) the region or state Minister shall be
responsible, through the region or state Chief Minister, to the President of
the State.
12. The term of office of the region or state
Chief Minister and Minister shall normally be the same as that of the President
of the State.
[Impeachment of region/state Ministers]
Esteemed Chairman,
I will continue on impeachment of region or
state Chief Minister or Minister.
It should be prescribed that region or state
Chief Minister or Minister can be impeached for any of these reasons--treason,
violation of the provisions in the Constitution, misconduct and being disqualified
for the post of region or state Chief Minister or Minister.
It cannot be done in the same way as the
President or the Vice-President of the State can be impeached as there is only
one Hluttaw at region or state level whereas there are two Hluttaws at the
Pyidaungsu level. There is the need to prescribe some other means.
If it is desired to impeach region or state
Chief Minister or Minister for any of the above-mentioned offences, a proposal
in writing signed by not less than one fourth of the total membership of the
region or state Hluttaw is to be submitted to the Chairman of the Hluttaw
concerned.
The Chairman of the Hluttaw concerned is to
cause the charge to be investigated by a commission. In formation of the
investigation commission, the Chairman of the Hluttaw should also determine the
term pending the completion of the investigation depending on the magnitude of
the charge so as not to delay the investigation.
The region or state Chief Minister or
Minister should have the right to appear or to be represented at the
investigation of the charge and be given the chance to refute it.
Upon the results of the investigation
submitted by the commission by which the charge against region or state Chief
Minister or Minister is investigated, the Chairman of the Hluttaw concerned is
to report to region or state Hluttaw. If a resolution is passed, supported by
not less than two-thirds of the total membership of the Hluttaw concerned,
declaring that the charge has been substantiated and that of the office, the
subject of the charge, is such as to render region or state Chief Minister or
Minister unfit to continue in office, the Chairman of that Hluttaw has to
submit it to the President of the State. The President of the State should
proceed to proclaim removal of the region or state Chief Minister or Minister.
If the Hluttaw concerned decides that the
charge has been refuted, the Chairman of that Hluttaw is to report the decision
to the President of the State.
As such, in connection with impeachment of a
region or state Chief Minister or Minister, it should be laid down as basic
specific principles that--
1. A region or state Chief Minister or
Minister shall be impeached for any of the following
(a) treason,
(b) violation of the principles of the
Constitution,
(c) misconduct, and
(d) being disqualified for the post of a
region or state Chief Minister or Minister.
2. If it is desired to impeach a region or
state Chief Minister or Minister for any of the above offences, a proposal in
writing signed by not less than one-fourth of the total membership of the
region or state Hluttaw shall be submitted to the Chairman of the Hluttaw
concerned.
3. The Chairman of the Hluttaw concerned
shall cause the charge to be investigated by a commission. The term pending the
completion of the investigation shall be determined according to the magnitude
of the charge.
4. The region or state Chief Minister or
Minister shall have the right to appear or to be represented at the
investigation of the charge and be given the chance to refute it.
5. (a) The Chairman of the Hluttaw shall
report to the region or state Hluttaw concerned the results of the
investigation submitted to him by the investigation commission by which the
charge against the region or state Chief Minister or Minister has been
investigated, and then report to the President of the State if a resolution is
passed, supported by not less than two-thirds of the total membership of the
Hluttaw concerned, declaring that the charge has been substantiated and that of
the offence, the subject of the charge, is such as to render region or state
Chief Minister or Minister unfit to continue in office.
(b) The President of the State shall proceed
to proclaim removal of the region or state Chief Minister or Minister.
(c) If the Hluttaw concerned decides that the
charge against the region or state Chief Minister or Minister has been refuted,
the Chairman of the Hluttaw concerned shall report the decision to the
President of the State.
[Resignation, removal or vacancy]
Esteemed Chairman,
If a region or state Chief Minister or
Minister wants to resign on his own volition or other reasons before the expiry
of term of office, he should have the right to do so after submitting his
resignation to the President of the State.
The President of the State should have the
right to instruct the region or state Chief Minister or Minister, who is
incapable of performing duties properly, to resign as well as to remove him
from office in the event of failure to comply with is instruction. He has to
coordinate with the Commander-in-Chief of Defence Services in so doing if the
person is the Tatmadaw member nominated by the Commander-in-Chief of Defence
Services.
If the post of the region or state Chief
Minister or Minister becomes vacant in the event of resignation, or being
removed from office, or death, or any reason, the President of the State should
have the right to fill the vacancy in coordination with the region or state
Hluttaw concerned. The remaining tenure of the President of the State should be
prescribed for the term of office of the person appointed to the vacant post.
If the region or state Minister, in the same
way as Pyidaungsu Ministers and Deputy Ministers, is a civil servant, he is
deemed to have retired as the civil servant in accord with the prevailing rules
and regulations from the date he is appointed as the region or state Minister.
The duties, powers and privileges of the
region or state Chief Minister and Ministers are to be prescribed by law.
The head of the General Administration
Department of the region or state concerned is to discharge duties as secretary
of the government of that region or state. Moreover, the General Administration
Department of the region or state must be the office of the government of that
region or state.
Therefore, it should be laid down as specific
basic principles in connection with resignation, removal from office and
filling the vacant post of a region or state Chief Minister or Minister as
follows:
1. If a region or state Chief Minister or
Minister desires to resign on his own volition or any reason before the expiry
of the term of office, he shall be permitted to do so after he has submitted
his letter of resignation to the President of the State.
2. The President of the State shall
(a) instruct the region or state Chief
Minister or Minister, who is incapable of performing duties properly, to
resign, and proclaim removal from office in the event of failure to comply with
his instruction.
(b) coordinate with the Commander-in-Chief of
Defence Services if the person to resign or be removed from office is the
Tatmadaw member nominated by the Commander-in-Chief of Defence Services.
3. If the post of the region or state Chief
Minister or Minister becomes vacant in the event of resignation, or being
removed from office, or death, or any reason, the President of the State shall
take steps to fill the vacant post in accord with provisions of the
Constitution in coordination with the region or state Hluttaw. The remaining
tenure of the President of the State shall be prescribed for the term of office
of the newly-appointed person.
4. If the region or state Minister is a civil
servant, he shall be deemed to have retired from his position as civil servant
in accord with the prevailing rules and regulations from the date he is
appointed the region or state Minister.
5. The duties, powers and privileges of the
region or state Chief Minister and Ministers shall be prescribed by law.
6. The head of the General Administration
Department of the region or state concerned shall act as secretary of the
government of the region or state concerned. Moreover, the General
Administration Department of the region or state shall be office of the
government of the region or state concerned.
[Region/state Advocate-General]
Esteemed Chairman,
The Chief Minister of region or state, in
appointing Advocate-General of the respective region or state to obtain legal
advice, is to select a person who has the prescribed qualifications, and must
submit to and get the approval of the region or state Hluttaw concerned and
then appoint and assign him. Those who are to be appointed Advocate-General of
regions and states must be persons who have attained the age of 40 years. With
the exception of age limit, they must have the qualifications prescribed for
Hluttaw representatives. Moreover, if they are judicial officers or law
officers their post should not be lower than at region or state levels and must
have been at least five years of service in that post; or 10 years service in
the post not lower than the district level; or if he is an advocate of Tayar
Hluttaw (High Court) of at least 15 years' standing. The region or state
Advocate-General must also be loyal to the State and the citizens.
If the President approves a nominee as
Advocate-General of the region or state concerned then he is to be appointed as
Advocate-General of the respective region or state. The President has no right
to reject the nominee for the post of region or state Advocate-General unless
he can prove clearly that the person concerned is not qualified for the post.
The Advocate[s]-General of the regions and
states are members of the region or state Governments. Therefore, the region or
state Advocate-General must be responsible to the President through the Chief
Ministers of the respective regions or states. If there is reason to impeach
the Advocate-General of regions or states, it should be done so in accordance
with the provisions regarding the impeachment of Chief Ministers or Ministers
of the regions or states.
In connection with the resignation, removal
from office, appointment for vacant post and assuming to have retired in the
case of a civil servant, the provisions of the Constitution laid down for Chief
Ministers and Ministers must be applied for the Advocate-General of the regions
and states.
The duties, rights and privileges of
Advocate-Generals of regions and states are to be prescribed by promulgation of
a law.
Therefore, in connection with the appointment
and assigning duties to Advocate-General of regions and states, specific basic
principles should be laid down as follows:--
1. The Chief Minister of region or state,
shall get the approval of the region or state Hluttaw in appointing and
assigning duties to a person having the following qualifications as region or
state Advocate-General in order to get legal advice and assign duties of a
legal character and submit to the President:--
(a) who has attained the age of 40 years;
(b) with the exception of age limit, having
the qualifications prescribed for region or state Hluttaw representatives.
(c) (1) for judicial officer or law officer
they must have served in the post not lower than region or state level, for at
least five years, or in the post not lower than district level for at least ten
years;
(2) for Advocates of the Tayar Hluttaw (High
Court) for 15 years' standing;
(d) who is loyal to the State and its
citizens;
2. if the President approves the nominees as
region or state Advocate-General by the Chief Minister with the approval of the
Hluttaw concerned, then he shall be appointed Advocate-General of the region or
state concerned;
3. the President has no right to reject the
nominee to be appointed Advocate-General of the region or state concerned
unless it can be proved clearly that he is not qualified to be Advocate-General
of the region or state concerned;
4. the Advocate-General of the region or
state is a member of the region or state Government concerned;
5. the Advocate-General of region or state is
responsible to the President through the Chief Minister of region or state
Government concerned;
6. if there is reason to impeach the
Advocate-General of region or state then it should be done in accordance with
the provisions regarding the impeachment of Chief Minister or a Minister;
7. in connection with resigning, removal from
office, filling of vacant post and assuming that the person to have retired in
the case of civil servant [sic], the provisions of the Constitution prescribed
for the Chief Minister and Ministers of region or state shall also concern the
Advocate-General of region or state;
8. the duties, rights and privileges of
region or state Advocate-General shall be prescribed by law.
[Region/state Auditor-General]
Esteemed Chairman,
The Chief Minister of region or state shall
have a right to choose a person with the prescribed qualifications who can
audit the accounts and appoint a region or state Auditor-General and assign
duties to him after to submitting to the region or state Hluttaw concerned and
obtaining its approval. Those who are appointed region or state Auditor-General
must be a person who has attained the age of 40. With the exception of the age
limit, the qualifications required are the same as those prescribed for the
region or state Hluttaw representatives. Moreover, they must have held the post
not lower than that of region or state auditor for at least five years or the
post not lower than the district auditor for at least 10 years, or worked as
Certified Public Accountant or Registered Accountant for at least 15 years. The
region or state Auditor-General must be loyal to the State and citizens.
If the President of the State approves the
person submitted for appointment as Auditor-General of the region or state
concerned, then that person is to be appointed and assigned duties as
Auditor-General of the respective region or state.
The President of the State shall not have the
right to reject the nominee as Advocate-General [sic--presumably
Auditor-General meant] of the region or state, unless he can prove clearly that
the person is not qualified to be appointed and assigned duties as
Auditor-General of the region or state concerned.
The Auditor-General of the region or state is
responsible to the President through the Chief Minister of the region or state
concerned. If there is reason to impeach the Auditor-General of the region or
state it can be done in accordance with the provisions regarding the
impeachment of Chief Minister or Minister of region or state.
Esteemed Chairman,
In connection with resignation, removal from
office, filling up the vacant post or regarding the person to have retired in
case of civil service personnel, the provisions of the Constitution for Chief
Minister and Ministers also concern the Auditor-General of region or state.
The duties, rights and privileges shall be
prescribed by laying down a law.
Therefore, in connection with the appointment
and assigning duties to Auditor-General of region or state, precise basic
principles should be laid down as follows:--
1. the Chief Minister of the region or state
concerned shall have the right to choose a person who can audit the accounts
and submit to the region or state Hluttaw and who possesses the following
qualifications and then submit this to the region or state Hluttaw for approval
to appoint and assign duties to the Auditor-General of the region or state and
to submit this to the President;
(a) shall be a person who has attained the
age of 40 years;
(b) with the exception of the age limit they
much have the qualifications prescribed for region or state Hluttaw
representative;
(c) (1) must be a person who has served in
the post not lower than region or state auditor for at least five years or in the
post not lower than the district auditor for at least 10 years;
(2) must be a person who has worked as
Certified Public Accountant or Registered Accountant for at least 15 years;
(d) shall be a person loyal to the State and
the citizens;
2. If the President approves the nominee for
Auditor-General of the region or state submitted by the Chief Minister of the
region or state with the approval of the region or state Hluttaw concerned for
assigning duties, then that person shall be appointed and assigned duties as
Auditor-General of the region or state concerned;
3. the President shall [not] have the right
to reject the nominee as Auditor-General of the region or state unless he can
prove clearly that the person is not qualified to be appointed and assigned duties
as Auditor-General of the region or state concerned;
4. the Auditor-General of region or state
shall be responsible to the President through the Chief Minister of the region
or state concerned;
5. if there is reason to impeach the
Auditor-General of a region or state, it shall be done in accordance with the
provisions of the Constitution prescribed for Chief Minister or any Minister of
region or state;
6. in connection with the resignation,
removal from office, filling of vacant post or assuming that the person has
retired in the case of civil servants personnel, the provisions of the
Constitution prescribed for the Chief Minister or Ministers of region or state
also concerns the Auditor-General of the region or state;
7. the duties, rights and privileges of
region or state Auditor-General shall be prescribed by promulgating a law.
[
[Self-administered
area governments]
Organizations are to be formed for the
administration of the self-administered divisions or self-administered zones.
The administration of self-administered divisions should be called
'self-administered division leading body (Oo-zi Aphwe)' and that of the
self-administered zones 'self-administered zone leading body (Oo-zi Aphwe)'.
Formation of the 'self-administered division
leading body (Oo-zi Aphwe)' and 'self-administered zone leading body (Oo-zi
Aphwe)' will now be clarified.
In regions or states, 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, will get self-administered areas such as self-administered
divisions or self-administered zones.
I have already clarified in detail matters in
connection with prescribing the self-administered divisions or self-administered
zones. Self-administrative powers will be distributed to those
self-administered divisions and self-administered zones as allocated by the
Constitution.
self-administered divisions and
self-administered zones are self-administered areas, and as such they are equal
in status.
self-administered division leading bodies and
self-administered zone leading bodies which are formed to exercise
administrative powers in the self-administered divisions and self-administered
zones will also be vested with legislative powers allocated by the
Constitution. The self-administered division leading bodies and
self-administered zone leading bodies are to exercise legislative powers vested
to them without forming separate legislative bodies in the self-administered
divisions and self-administered zones.
Our opinion is that a self-administered
division leading body or self-administered zone leading body should be
constituted with at least ten members.
The self-administered division leading bodies
and self-administered zone leading bodies are to be formed with region or state
Hluttaw representatives elected from the townships in the self-administered
divisions or self-administered zones and Tatmadaw members nominated by the
Commander-in-Chief of Defence Services to undertake security or border affairs
duties.
Members of the self-administered division
leading bodies and self-administered zone leading bodies are to choose after
consultations among themselves, a suitable person as the self-administered
division chairman or self-administered zone chairman out of the region or state
Hluttaw representative elected from the townships in the self-administered
divisions or self-administered zones. The chairmen thus chosen and nominated is
to be submitted to the President of the State through the respective region or
state Chief Minister.
The President of the State is to appoint the
nominee as the Chief Minister of the respective self-administered division or
self-administered zone.
The chairman of the self-administered
division or self-administered zone is the Minister in the respective region or
state. As such, provisions applying to the Ministers in the region or
state--for their being responsible to the President of the State through the
region or state Chief Minister, the terms of office, impeachment, resignation,
removal from office, filling the vacancy and deeming it to have retired for
those who are civil servants--will also apply to the self-administered division
chairmen or self-administered zone chairmen.
If the membership is not up to ten in forming
the self-administered division leading body or self-administered zone leading
body, the self-administered division chairman and self-administered zone
chairman and members are to choose suitable persons from among those residing
in the self-administered division or self-administered zone who possess
qualifications prescribed for region or state Hluttaw representatives, for the
remainder so that membership will become ten.
In so doing, one representative is to be
chosen from each national race, the population of which is upwards of at least
10,000, residing in the self-administered division or self-administered zone
concerned.
If the membership is still not ten even after
that, they are to independently choose persons who possess prescribed
qualifications till the membership becomes ten.
Even after having chosen ten members in
forming the self-administered division leading bodies or self-administered zone
leading bodies, one representative each from a national race, the population of
which is upwards of at least 10,000, residing in the self-administered division
or self-administered zone concerned will be chosen in addition.
The self-administered division leading bodies
or self-administered zone leading bodies are to exercise the legislative powers
allocated by the Constitution, in addition to exercising administrative powers.
I have already clarified points in dealing with the legislative sector in connection
with participation of one fourth of Tatmadaw member representatives in the
Pyithu Hluttaw, Amyotha Hluttaw and region or state Hluttaws which will
exercise legislative powers. So, the number of Tatmadaw member representatives
in the self-administered division leading bodies or self-administered zone
leading bodies should be one fourth of the total membership. The
Commander-in-Chief of Defence Services has the right to assign one fourth of
the total membership in the self-administered division leading bodies and
self-administered zone leading bodies with Tatmadaw members.
Duties, rights and privileges of the
self-administered division chairmen or self-administered zone chairmen are to
be prescribed by law.
The head of the General Administrative Departments
in the respective self-administered division or self-administered zone is to
serve as secretary of the self-administered division leading body or
self-administered zone leading body. Moreover, the General Administration
Department in the self-administered division or self-administered zone will be
the office of the self-administered division leading body or self-administered
zone leading body.
So, in connection with formation of the
self-administered division leading bodies or self-administered zone leading
bodies, the following principles should be laid down in specific detail:
1. self-administered divisions and
self-administered zones being self-administered areas, they are equal in
status;
2. there are self-administered division
leading bodies or self-administered zone leading bodies in the
self-administered divisions and self-administered zones. The leading bodies
also exercise legislative power;
3. there shall include at least ten members
in a self-administered division leading body or self-administered zone leading
body;
4. the self-administered division leading
body or self-administered zone leading body is to be constituted with the
following persons:
(a) region or state Hluttaw representatives
elected from townships in the self-administered divisions and self-administered
zones concerned;
(b) Tatmadaw member representatives nominated
by the Commander-in-Chief to undertake security or border affairs duties;
(c) additional representatives chosen and
assigned by persons stated in sub-paras (a) and (b);
5. members of the self-administered division
leading body or self-administered zone leading body stated in above paras 4(a)
and (b) are to choose, after consultations among themselves, a suitable person
as the self-administered division chairman or self-administered zone chairman
out of the region or state Hluttaw representatives elected from the townships
in the self-administered division or self-administered zone. The chairman thus
nominated is to be submitted to the President of the State through the
respective region or state Chief Minister.
6. The President of the State is to appoint
the person in the nomination submitted as [??-"by"??] the Chief
Minister of the self-administered division or self-administered zone concerned.
7. The chairman of the self-administered
division or self-administered zone is Minister in the region or state
concerned. As such, provisions in the Constitution applying to the Ministers of
the region or state will also apply to the self-administered division chairmen
or self-administered zone chairmen.
8. the chairman of the self-administered
division or self-administered state [sic--should be zone] and members of the
leading body concerned--
(a) shall choose suitable persons as members
from among those residing in the self-administered division or
self-administered zone concerned, who possess qualifications prescribed for
region or state Hluttaw representatives, if the membership is not up to ten in
the self-administered division leading body or self-administered zone leading body
concerned so that membership will become at least ten;
(b) shall choose one representative for each
national race, if there is any, the population of which is upwards of at least
10,000, residing in the self-administered division or self-administered zone
concerned in choosing additional members of the leading body;
(c) shall independently choose persons who
possess prescribed qualifications till the membership becomes ten.
9. the self-administered division chairman or
self-administered zone chairman and leading body members shall choose in
addition one representative for each national race, if there is any, the
population of which is upwards of at least 10,000, residing in the
self-administered division or self-administered zone concerned although they have
already ten full members in forming the self-administered division leading
bodies or self-administered zone leading bodies.
10. The Commander-in-Chief of Defence
Services shall assign as necessary one fourth of the total membership with
Tatmadaw members in the self-administered division leading bodies and
self-administered zone leading bodies.
11. Duties, rights and privileges of the
self-administered division chairmen or self-administered zone chairmen shall be
prescribed by law.
12. The head of the General Administration
Departments in the respective self-administered division or self-administered
zone concerned shall serve as secretary of the self-administered division
leading body or self-administered zone leading body. Moreover, the General
Administration Department of the self-administered division or
self-administered zone shall be the office of the self-administered division
leading body or self-administered zone leading body.
[
[Union
Territory administration]
Esteemed Chairman,
I will continue to clarify concerning
administration of Union territory.
[Yangon City]
A principle to form basis has been laid down
to the effect that territories that have extraordinary security, administration
and economic conditions are to be prescribed as Union territories and placed
under direct administration of the President of the State. A principle to form
basis has been laid down to the effect that "Yangon city being the capital
of the State is prescribed as Union territory placed under direct administration
of the President of the State". In view of the fact that Yangon city being
the capital of the State has primarily extraordinary security, administrative
and economic conditions; it is also the territory where there are foreign
embassies and diplomatic activities and international organizations and
cooperative activities with them, and there are also foreign trade activities
as it is a centre of air and sea carrier services. So, Yangon city will be
under direct administration of the President of the State. All districts and
townships existing within Yangon city development area on the day the State
Constitution comes into force should be in Yangon City that is the Union
territory. The President of the State should have authority to re-delineate as
necessary districts and townships in Yangon city that is the Union territory.
A Yangon City Council should be formed to
exercise executive power delegated by the President of the State in Yangon city
that is the Union territory. The President of the State is to appoint a
chairman to lead the Yangon City Council and also appoint Council members as
necessary. The President of the State is to prescribe qualifications of the
chairman and members of the Yangon City Council. In so doing, it should be
based on qualifications prescribed as required in Hluttaw representatives.
The President of the State is to obtain from
the Commander-in-Chief of Defence Services names of members of the Tatmadaw and
appoint them as Yangon City Council members to integrate and coordinate
security responsibilities.
Yangon City Council chairman and members are
to be directly responsible to the President of the State.
The President of the State shall have
authority to cause resignation or terminate the services of the chairman or any
member of the Yangon City Council if not satisfied with his performance of
duties. In so doing, if it involves members of the Tatmadaw nominated by the
Commander-in-Chief of Defence Services, he is to coordinate with the
Commander-in-Chief of the Defence Services.
Responsibilities and rights and privileges of
the chairman and members of the Yangon City Council are to be prescribed by
enactment of law.
The head of General Administration Department
concerning Yangon City is to serve as secretary to Yangon City Council. The
General Administration Department concerning Yangon City should be made to work
as the office of the Yangon City Council.
So, in connection with the administration of
Yangon City that is Union territory, it should be laid down, as detailed principles
to form basis, that--
1. All districts and townships existing
within Yangon City development area on the day the State Constitution comes
into force are in Yangon City that is the Union territory.
2. The President of the State has authority
to re-delineate as necessary districts and townships in Yangon City that is the
Union territory.
3. A Yangon City Council shall be formed to
exercise executive power delegated by the President of the State in Yangon City
that is Union territory.
4. The President of the State is to prescribe
qualifications of the chairman and members of Yangon City Council.
5. The President of the State shall appoint
chairman and members of Yangon City Council.
6. The President of the State shall obtain
from the Commander-in-Chief of Defence Services names of members of the
Tatmadaw and appoint them as Yangon City Council members to integrate and
coordinate security responsibilities.
7. Yangon City Council chairman and members
shall be directly responsible to the President of the State.
8. The President of the State
(a) may cause resignation or terminate the
services of the chairman or any member of Yangon City Council if not satisfied
with his performance of duties.
(b) may appoint in accord with the provisions
of the State Constitution replacement in the post of chairman or member of
Yangon City Council which becomes vacant due to various reasons.
(c) if it concerns members of Tatmadaw
nominated by the Commander-in-Chief of Defence Services, it shall be
coordinated with Commander-in-Chief of the Defence Services.
9. Responsibilities and rights and privileges
of the chairman and members of Yangon City Council are to be prescribed by
enactment of law.
10. The head of General Administration
Department concerning Yangon city is the secretary to Yangon City Council. The
General Administration Department concerning Yangon city is the office of
Yangon City Council.
(NLM 9/6)
[Cocogyun Township]
Esteemed Chairman,
It has been laid down as a basic principle
that 'Cocogyun Township which has a special situation is designated Union
territory and placed under the direct administration of the President'. So, the
township is under the direct administration of the President.
'A township administrator' is to be appointed
in Cocogyun Township, which is a Union territory, to exercise executive powers
vested in him by the President. The President should choose of his own volition
a person having qualifications prescribed for Hluttaw representatives and appoint
him the Administrator of Cocogyun Township.
The Cocogyun Township Administrator will have
to be responsible to the President or to a person assigned by the President.
The President will have the Cocogyun Township
Administrator resign from the post or have him terminated from duties if he is
not satisfied with his performance of duties. He will have to substitute, in
accordance with provisions in the Constitution, the vacancy that has come about
from any cause.
The Cocogyun Township Administrator's duties,
rights and privileges are to be prescribed by enacting law.
Head of the Cocogyun Township General
Administration Department is to be the Head of Office of the Cocogyun Township
Administrator. The Township General Administration Department is to be the
Cocogyun Township Administrator's Office.
So, regarding the administration of Cocogyun
Township, a Union territory, it should be laid down as specific basic
principles:
1. 'Cocogyun Township which has a special
situation' is designated a Union territory and placed under the direct
administration of the President.
2. The President shall appoint a Township
Administrator to exercise administrative powers for Cocogyun Township.
3. The Cocogyun Township Administrator shall
be a person having qualifications prescribed for region or state Hluttaw
representatives.
4. The Cocogyun Township Administrator is
responsible direct to the President or the person assigned by the President.
5. The President shall
(a) have the Cocogyun Township Administrator
resign from the post or have him terminated from duties if he is not satisfied
with the administrator's performance of duties.
(b) shall substitute in accordance with the
provisions of the Constitution the vacancy that has come about from any cause.
6. prescribe duties, rights and privileges of
the Cocogyun Township Administrator by law.
7. Head of the Cocogyun Township General
Administration Department is the Head of Office of the Cocogyun Township Administrator.
Cocogyun Township General Administration Department is the Cocogyun Township
Administrator's Office.
[Local Government]
Esteemed Chairman,
Regarding regional administration, district
and township administrators, who are personnel of the respective service
department, should be made to assume functions of district and township level
administration and perform them without letup.
In the district level, Tatmadaw members
assigned by the Commander-in-Chief of the Defence Services will have to participate
as necessary together with District Administrators in affairs for security,
enforcement of law and regional peace and security.
Esteemed Chairman,
Ward and village administrations are levels
that have close contact with the public. So, ward/village-tract administrators
elected by the people should be assigned duties in ward/village-tract
administration. It is necessary to promulgate a separate law regarding election
of ward/ village-tract administrators, assignment of their duties and
prescribing of their rights.
[
[Judiciary]
As I have explained from the National
Convention Convening Work Committee's studies regarding the administrative
structure, I will now go on to deal with the formation in the judiciary.
Esteemed Chairman,
I will go on to explain the chapter on the
judiciary. The following are included in the basic principles regarding the
judiciary laid down at the previous Plenary Session--
1. The judicial power of the State is
distributed among Pyidaungsu Taya Hluttaw (Supreme Court), Regional Taya
Hluttaws (Region High Courts), State Taya Hluttaws (State High Courts) and law
courts of different levels including law courts of self-administered areas.
2. In the Pyidaungsu is constituted one
Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court of
the State.
3. A region Taya Hluttaw is constituted in
each of the regions and a state Taya Hluttaw is constituted in each of the
states.
A basic principle regarding the Tatmadaw was
also laid down at the previous Plenary Session in addition to the above basic
principles. It is "The Tatmadaw has right to independently administer all
affairs concerning the forces". At the session, a principle regarding
general principles was laid down. It is "A Constitutional Tribunal shall
be set up to interpret provisions of the State Constitution, to scrutinize
whether or not laws enacted by the Pyidaungsu Hluttaw, Region Hluttaws and
State Hluttaws and functions of executive authorities of Pyidaungsu, regions,
states and self-administered areas are in conformity with the State
Constitution, to decide on disputes between Pyidaungsu and states, between
regions and states, among regions, among states, and between regions or states
and self-administered areas themselves and to perform other duties prescribed
in the Constitution."
Esteemed Chairman,
It has become necessary to lay down specific
basic principles concerning the distribution of judicial power of the State
based on the basic principles I have clarified above. The basic principles
which should be laid down concern with the sharing of judicial power among
civilian law courts, courts-martial and Constitutional Tribunal.
As expressed in the already adopted basic
principles concerning distribution of judicial power of the State among law
courts, Pyidaungsu Taya Hluttaw is concerned with the entire Pyidaungsu (Union)
and is to undertake duties in supervising law courts of different levels. To be
in conformity with its status in performing duties, Pyidaungsu Taya Hluttaw
should be called 'Pyidaungsu Taya Hluttawgyoke' (Supreme Court of the Union).
Judicial power should be distributed among law courts of different levels
including Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union) in
accordance with the Constitution or by other laws.
Judicial power is to be distributed among
courts-martial in accordance with the Constitution and other laws. Regarding
the Constitutional Tribunal, the judicial power is to be distributed in
accordance with the Constitution.
So, regarding distribution of judicial power
of the State, it should be laid down as a specific basic principle--
-- The judicial power of the State is
distributed,
(a) in accordance with the Constitution or by
other laws, among Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union),
region Taya Hluttaws (High Courts of the Regions), state Taya Hluttaws (High
Courts of the States), courts of the self-administered divisions, courts of the
self-administered zones, district courts, township courts, other courts constituted
by law and judges appointed in accordance with law,
(b) in accordance with the Constitution or
other laws, among courts-martial, and
(c) in accordance with the Constitution, to
the Constitution Tribunal.
[Supreme Court of the Union]
Esteemed Chairman,
I will continue to explain formation and
constitution of different levels of courts in the State. It is needed to lay
down specific basic principles regarding the term to be applied in the highest
court of the State, its status, the term to be applied to its judges, the
number of judges and their appointments. In the previous Plenary Session, it
was laid down as a basic principle that "In the Pyidaungsu is constituted
one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court
of the State". Regarding the term to be applied to the supreme law court,
I have said above that Pyidaungsu Taya Hluttaw should be termed 'Pyidaungsu
Taya Hluttawgyoke (Supreme Court of the Union). Pyidaungsu Taya Hluttawgyoke is
the highest court of the State. Of the judges to be appointed in the Supreme
Court of the Union, its head should be called 'Pyidaungsu Taya Thugyigyoke'
(Chief Justice of the Union). Judges of the Supreme Court of the Union should
be called 'Pyidaungsu Taya Thugyimyar' (Judges of the Supreme Court).
[Appointment of Chief Justice and Supreme
Court judges]
Esteemed Chairman,
It is found in view of the nature of the
Supreme Court of the Union and judicial powers to be vested in it and in
consideration of the magnitude of work to be carried out in conformity with
duties and rights that the number of judges of the Supreme Court including the
Chief Justice of the Union should be a minimum number of seven to maximum 11.
If the President, who is the Head of State,
appoints the Chief Justice of the Union with the approval of the Pyidaungsu
Hluttaw, which its the legislative body, it will be directed towards a
principle of exerting reciprocal control, check and balance between the three
branches of State power. To diminish disputes that may arise from using the
method, a basic principle 'in which condition Pyidaungsu Hluttaw may reject the
person nominated by the President' should also be provided in the Constitution.
In laying down basic principles regarding
appointment of judges of the Supreme Court, the President has to compile a list
of nominees in coordination with the Chief Justice as they, as judges of the
Supreme Court, are to perform their duties with the leadership of the Chief
Justice. The President should appoint persons on the list the judges of the
Supreme Court with the approval of Pyidaungsu Hluttaw. If this method is used,
a basic principle 'in which condition Pyidaungsu Hluttaw may reject any of the
persons in the list nominated by the President' should be prescribed in the
Constitution.
So, regarding the matters clarified above, it
should be laid down as specific basic principles--
1. In the State is constituted one Pyidaungsu
Taya Hluttawgyoke (Supreme Court of the Union). Pyidaungsu Taya Hluttawgyoke is
the supreme law court of the State which shall not affect judicial powers
vested in the Constitutional Tribunal and courts-martial.
2. (a) The head of the Supreme Court shall be
called 'Pyidaungsu Taya Thugyigyoke' (Chief Justice of the Union).
(b) In the Supreme Court of the Union,
Pyidaungsu Taya Thugyimyar (Judges of the Supreme Court) including the Chief
Justice of the Union shall be appointed from a minimum number of seven to
maximum 11.
3. (a) The President shall appoint the person
nominated by him and approved by the Pyidaungsu Hluttaw the Chief Justice of
the Union.
(b) Pyidaungsu Hluttaw shall not have the
right to reject the person nominated by the President for appointment of the
Chief Justice of the Union unless it can clearly prove that the person does not
meet the qualifications for the post the Chief Justice of the Union prescribed
by the Constitution.
4. (a) The President shall compile a list of
nominees in coordination with the Chief Justice of the Union for submitting it
to the Pyidaungsu Hluttaw and appoint the persons approved by the Pyidaungsu
Hluttaw a judge of the Supreme Court.
(b) Pyidaungsu Hluttaw shall not have the
right to reject a person in the list nominated by the President for appointment
of a judge of the Supreme Court unless it can clearly prove that the persons
does not meet the qualifications for the post the judge of the Supreme Court
prescribed in the Constitution.
[Qualifications of Supreme Court judges]
Esteemed Chairman,
Regarding appointment of the Chief Justice of
the Union and Judges of the Supreme Court, their qualifications should be
prescribed. The person to be appointed to the post at the highest court of the
State has to discharge duties loyally and conscientiously in exercise of the
legislative powers vested in him to administer justice independently according
to law. For the posts of the Chief Justice of the Union and Judges of the
Supreme Court, their qualifications should be prescribed based on the age limit
and qualifications upon which they are deemed to be loyal to the State, to
protect and abide by laws in accordance with the Constitution, to have mature
experience in judicial affairs, to uphold the code of ethics and to be capable
of performing duties properly in exercise of powers vested in the Supreme
Court.
As the Supreme Court has to exercise one of
the three branches of the State power, the person to be appointed to a post of
the Supreme Court must be not only an ordinary citizen but also citizen born of
parents both of whom are citizens to be a proven fact that he is loyal to the
State. Therefore, apart from the age limits, he should have qualifications
prescribed for the Pyithu Hluttaw representatives. As he is to administer
justice independently and to pass judgement in accordance with law, it is
essential to prescribe the age limit in minimum and maximum, by then [sic] he
as acquired mature experience in judicial and legal affairs.
It is found that there are differences
between a country and another in prescribing the age limit for appointment of
judges of the highest courts of the State. It is found stipulated in other
countries that the age must be 30, 35 and 40 years minimum, and 60, 65, 70 and
75 years maximum. In some countries, it is prescribed to appoint judges for
life. As for our country, the age limit for appointment of judges of the
Supreme Court should be prescribed 50 years in minimum and 70 years in maximum.
The genuine multiparty democracy system will
be practised in future State. As it is laid down as one of the basic principles
in connection with separation and distribution of sovereign State power that
'the three branches of State power, namely, legislative power, executive power
and judicial power are separated as much as possible and exert reciprocal
control, check and balance among themselves', the judges are required to be
free from party politics so as not to abuse judicial power. Moreover, they
should not be Hluttaw representatives.
Regarding the qualifications of the Chief
Justice of the Union and Judges of the Supreme Court, fundamental principles
should be laid down in specific detail as follows:
-- The Chief Justice of the Union or a Judge
of the of the Supreme Court shall
(a) be not younger than 50 years and not
older than 70;
(b) possess, apart from the age limit, the
qualifications prescribed for a Pyithu Hluttaw representative;
(c) (1) have been for at least five years a
Judge of the High Court of a region or state, or
(2) have been for at least 10 years a
judicial officer or a law officer at not lower than region or state level, or
(3) have been an advocate of the Tayar
Hluttaw (High Court) of at least 20 years' standing, or
(4) have been assumed by the President to be
a legal expert of prominent reputation;
(d) be loyal to the State and the citizens;
(e) not be a member of a political party;
(f) not be a Hluttaw representative.
[Removal of Supreme Court judges]
Esteemed Chairman,
There may arise an occasion to assume that
the Chief Justice of the Union or a Judge of the Supreme Court is unfit to
continue in office. In that case, it should be prescribed in the Constitution
on what steps the President of the State or the Pyidaungsu Hluttaw has to take.
At the Plenary Session, which has been held, it is laid down as a basic
principle that 'the Head of State is the President of the State; the President
of the State represents the nation'. In accord with this basic principle, the
basic principles should be laid down in specific detail on for what reasons the
President of the State, who is the Head of State and represents the nation and
who himself nominates the Chief Justice of the Union or Judges of the State
[sic] and appoints them with the approval of the Pyithu Hluttaw, instructs them
to resign, and to remove them from office in the event of failure to comply
with his instruction.
As such, in connection with the powers to be
vested in the President of the State, specific fundamental principles should be
laid down that--
-- The President of the State shall instruct,
for any of the following reasons, the Chief Justice of the Union or a Judge of
the Supreme Court to resign and proclaim the removal from office in the event
of failure to comply with his instruction:
(a) treason,
(b) violation of the provisions of the
Constitution,
(c) misconduct and
(d) being disqualified for the post of the
Chief Justice of the Union or Judges of the Supreme Court under the
Constitution.
[Impeachment of Supreme Court judges]
Esteemed Chairman,
As I have clarified above, the President of
the State should be vested with powers to remove the Chief Justice of the Union
or Judges of the Supreme Court, so also the Pyithu Hluttaw or the Amyotha
Hluttaw should be vested with powers to impeach the Chief Justice of the Union
or Judges of the Supreme Court to remove them from office. The Chief Justice of
the Union and Judges of the Supreme Court are appointed by the President of the
State with the approval of the Pyidaungsu Hluttaw. If it is desired by one of
the Hluttaws to impeach them, it should be laid down as a detailed fundamental
principle to cause the charge [to be??] investigated by another Hluttaw. This
procedure should be the same as the way to impeach the President or the
Vice-President of the State. The fundamental principle should be laid down in
specific detail that if a resolution is passed by a Hluttaw, by which the
charge is investigated or caused to be investigated, deciding that the charge
has been substantiated and that the offence, the subject of the charge, is such
as to render the Chief Justice of the Union or a Judge of the Supreme Court
unfit to continue in office, the President of the State must proceed to
proclaim to remove him from office.
Therefore, regarding impeachment of the Chief
Justice of the Union or a Judge of the Supreme Court, it should be laid down as
fundamental principles in specific detail that--
1. The Chief Justice of the Union or a Judge
of the Supreme Court shall be impeached for any of the following:
(a) treason,
(b) violation of the provisions of the
Constitution,
(c) misconduct and
(d) being disqualified for the post of the
Chief Justice of the Union or Judges of the Supreme Court under the
Constitution.
2. If it is desired to impeach the Chief
Justice of the Union or a Judge of the Supreme Court, it shall be done so in
accord with the provisions of the Constitution regarding impeachment of the
President or Vice-President of the State.
3. If the Hluttaw concerned submits report
that the charge has been substantiated and the offence, the subject of the
charge, is such as to render the Chief Justice of the Union or a Judge of the
Supreme Court unfit to continue in office, the President of the State shall
proceed to proclaim the removal of the Chief Justice of the Union or a Judge of
the Supreme Court.
4. If the Hluttaw concerned decides that
charge has been refuted, that Hluttaw shall submit the decision to the
President of the State.
[Age limit, vacancies, disabilities, of
Supreme Court judges]
Esteemed Chairman,
The Chief Justice of the Union and Judges of
the Supreme Court are the persons who are to exercise judicial powers and carry
out duties in accordance with basic principles on judicial affairs already laid
down by the National Convention. The Chief Justice of the Union and Judges of
the Supreme Court should have the right to hold office up to the age of 70 as
prescribed, unless they are asked to resign or removed from office by the
President of the State, or until sooner resignation of own accord, or being
removed from office following impeachment, or permanent disability to carry on
duties due to either physical or mental defects shown by medical board of
examinations prescribed by the State, or any other reasons preventing them to
carry on duties, or death.
So, in connection with the term of office,
the following basic principles should be laid down in specific detail:
-- The Chief Justice of the Union and Judges
of the Supreme Court are to hold office up to the age of 70 unless asked to
resign by the President of the State or removed from office, or unless one of
the following occurs:
(a) resignation of own accord;
(b) being removed from office after
impeachment in accordance with the provisions of the Constitution;
(c) permanent disability due to either
physical or mental defects shown by medical board of examinations prescribed by
the State, or any other cause rendering them unfit to carry on duties;
(d) death.
[Party affiliations; civil servants]
Esteemed Chairman,
I have already clarified that a basic
principle should be laid down in prescribing qualifications of the Chief
Justice of the Union and Judges of the Supreme Court that they should not be
members of political parties. So, it will be necessary to lay down a basic
principle prescribing that the Chief Justice of the Union and Judges of the
Supreme Court are to be free from party politics. If the person is a civil
servant he should be deemed to have retired in accordance with the existing
rules and regulations from the date he is appointed a judge of the Supreme Court.
So, in connection with being free from party
politics or retiring from civil service of the Chief Justice of the Union and
Judges of the Supreme Court, the following principles should be laid down in
specific detail:
1. the Chief Justice of the Union and Judges
of the Supreme Court shall be free from party politics;
2. if the Chief Justice of the Union or
Judges of the Supreme Court are civil servants it shall be deemed that they
have retired from civil service in accordance with the existing rules and regulations
from the date they are appointed the Chief Justice of the Union or Judges of
the Supreme Court.
[Position of Chief Justice and Supreme Court
judges]
Esteemed Chairman,
It will also be necessary to lay down basic
principles in connection with position, duties, rights and privileges of the
Chief Justice of the Union and Judges of the Supreme Court after their
appointments. It should be prescribed that the Chief Justice of the Union is
equivalent to the Vice-President, and the position of the Judge of the Supreme
Court is equivalent to a Minister of the Union. Concerning this, a separate law
should be promulgated without prescribing in detail in the Constitution.
So, in connection with the duties, rights and
privileges of the Chief Justice of the Union and Judges of the Supreme Court, a
basic principle should be laid down in specific detail as follows:
-- duties, rights and privileges of the Chief
Justice of the Union and Judges of the Supreme Court shall be prescribed by
promulgation of law.
[Region/state High Courts]
Esteemed Chairman,
I will continue my clarification in
connection with the High Court of the Regions and States. At the previous
plenary session, basic principles were laid down for the State Structure
stating that the State is constituted with seven regions, seven states and
Union territories, and that the regions and states are of equal status and
authority. In connection with judicial matters, a basic principle was laid down
that there shall be one High Court of the Region in each region and one High
Court of the State in each state. The same principle should be stated again in
the chapter 'The Judiciary'.
[Number and appointment of region/state
judges]
Esteemed Chairman,
The head of the respective High Court in the
region and state concerned should be called Chief Justice of the High Court of
the Region or Chief Justice of the High Court of the State. Judges of those
High Courts should be called Judges of the High Court of the Region or Judges
of the High Court of the State. The required number of Judges will have to be
appointed to the High Courts of the Regions or States considering the volume of
work based on the stance of the High Court of the Region or State and on
judicial powers, duties and rights to be vested to them. It will be natural fro
those High Courts that the volume of work will not be the same and subject to
an increase and decrease. So, the number of Judges of the High Court of the
Regions or States including the Chief Justice should be minimum three and
maximum seven.
Regarding the appointment of the Chief
Justices of the High Court of the Region or State, and of Justices of the High
Court of the Region or State, appointment by the President of the State, who is
the Head of State, with the approval of the respective Region or State
Hluttaws, which are legislative bodies of the regions or states, will be in
accordance with the policy of appointment applied at the Supreme Court of the
Union and contributory to the policy of counter-balancing among the three
powers of the State. In applying the method, it should be taken into account
giving the right to the Region or State Hluttaw on what conditions it can
reject the person nominated by the President of the State, in order that
disputes that may arise can be reduced. Such conditions should be stated in the
Constitution.
The President of the State is to compile a
nomination list for the appointment of the Chief Justice of the High Court of a
Region and a nomination list for the appointment of Judges of the High Court of
the Region, in consultation with the Chief Justice of the Union and the Chief
Minister of the Region concerned and then seek the approval of the Region
Hluttaw concerned. Similarly, approval is to be sought from the State Hluttaw
concerning after compiling a nomination list for the appointment of the Chief
Justice of the High Court of the State, in consultation with the Chief Justice
of the Union and the Chief Minister of the State concerned. The President of
the State should appoint the Chief Justices concerned after obtaining the
approval of the respective Region Hluttaws or State Hluttaws. In applying the
method, it should be prescribed in the Constitution on what conditions the
respective Region or State Hluttaws can reject the person nominated by the
President of the State.
So, in connection with the clarification
above, the following basic principles should be laid down in specific detail:
1. there shall be one High Court of the
Region in each region and one High Court of the State in each state.
2. (a) the head of the High Court of the
Region in the respective regions and the head of the High Court of the State in
the respective states shall be called Chief Justice of the High Court of the
Region or Chief Justice of the High Court of the State;
(b) at least three and maximum seven Judges
of the High Court of the Region or Judges of the High Court of the State
including the Chief Justice of the High Court of the Region or State can be
appointed to the High Court of the Region or High Court of the State;
3. (a) the President of the State is to
compile a nomination list for the appointment of the Chief Justice of the High
Court of a Region or a State and a nomination list for the appointment of
Judges of the High Court of the Region or State, in consultation with the Chief
Justice of the Union and the Chief Minister of the Region or State concerned,
and send them to the Region or State Hluttaws concerned;
(b) the President of the State shall appoint
persons approved by the respective Region or State Hluttaws as the Chief
Justice of the High Court of the Region or State and as Judges of the High
Court of the Region or State for the respective regions and states;
(c) a region Hluttaw or state Hluttaw has no
right to reject nominees of the President of the State for the appointment of
the Chief Justice of the High Court of the Region or the State and nominees for
the appointment of Judges of the High Court of the Region or the State unless
it can show clear proof of want of qualifications prescribed for the Chief
Justice of the High Court of the Region or the State or Judges of the High
Court of the Region or the State.
[Qualifications of region/state judges]
It will be necessary to prescribe the
qualifications for appointing Chief Justices of High Courts of regions or
states and Judges of the High Courts of regions or states. Such persons are
those who will have to lead in administration of justice in the regions and
states and at the same time handle the judicial power duty-consciously and
loyally and implement the policy on administering justice independently and
according to law. Therefore, loyalty towards the State, preserving and abiding
by the law in accordance with the Constitution, having experience in
shouldering judicial duties, upholding one's ethics, shouldering the
responsibilities dutifully in exercising judicial powers and rights bestowed
upon High Courts of regions or states and the age and qualifications are to be
taken into account in prescribing the qualifications of Chief Justices of High Courts
of regions or states and Judges of High Courts of regions or states.
The High Courts of regions or states are to
exercise the high levels of judicial power in the respective regions or states
without affecting the judicial rights bestowed upon the Chief Justice of the
Union. In so doing, these Chief Justices of the High Courts, as a proven fact
they are loyal to the State must not only be a citizen of the State but must
also be a citizen born of parents both of whom are citizens. Therefore, with
the exception of the age limit, the Chief Justices of the High Courts of
regions or states must also have the qualifications prescribed for region or
state Hluttaw representatives. As they are persons who must pass a correct
decision independently in accordance with the law and for them to be
well-experienced in legal and judicial affairs and to be matured and dignified,
the lowest and highest age limits should be prescribed.
In connection with the prescribing of age
limit for Chief Justices and Judges of High Courts of regions or states, it
should be done by comparing the lowest age and highest age limits prescribed
for Chief Justice of the Union and Judges of the Supreme Court. It has been
clarified that the lowest age limit for the Chief Justice and Judges of the
Supreme Court of the Union is 50 years and highest age limit is 70 years. By
taking into consideration that the Judges of the High Courts of region or state
have sufficient experience and are quite matured and dignified they will have a
chance to be appointed as Judges of the Supreme Court which is one level
higher, the lowest age limit of Chief Justices and Judges of High Courts of
region or state should be prescribed as 45 and the highest age limit is 65. The
Chief Justices and Judges of High Courts of regions or states should also be
persons who are free of party politics and are not Hluttaw representatives.
Therefore, in connection with the
qualifications of Chief Justice and Judges of High Courts of region or state
basic principles should be prescribed as follows:--
-- The Chief Justice and Judge of High Courts
of regions or states must have the following qualifications:--
(a) they should not be younger than 45 years
of age and not older than 65 years of age;
(b) with the exception of age limit, they
must have the qualifications prescribed for region or state Hluttaw
representatives;
(c) (1) if they are judicial officers or law
officers, they should hold the post not lower than that of region or state
level for at least five years or not lower than that of district level for at
least 10 years; or
(2) if they advocates they should have not
less than 15 years' service; or
(3) those regarded by the President of the
State as well-known legal experts for good reputation;
(d) those who are loyal to the State and the
citizens;
(e) are not political party members;
(f) are not Hluttaw representative.
[Removal of region/state judges]
Esteemed Chairman,
There may arise a situation in which the
Chief Justice or Judges of the High Court of a region or a state should not
continue to hold the post. In such a situation it is necessary to prescribe
explicitly in the Constitution what further steps should be taken either by the
President or the respective region or state Hluttaw. In the basic principles
laid down in the Chapter on the State at the previous Plenary Session held it
is stated, "the Head of State is the President of the State", and
"the President of the State represents the Union". In accordance with
this principle as the President is the Head of State and also represents the
Union, basic principles should be laid down giving the right to the President
to order the Chief Justice or Judges of the High Courts of region or state he
himself has nominated in consultation with the Chief Justice of the Union and
Chief Minister of the region or state concerned and then appointed and assigned
duties with the approval of region or state Hluttaw concerned, to resign for
what kind of reasons and the right to order them to be removed from office.
Therefore, as clarified above in connection
with the entrusting the President with the rights, precise basic principles
should be laid down as follows:--
-- if a Chief Justice or a Judge of the High
Court of region or state infringes one of the undermentioned points, then the
President has the right to order that person to resign and to remove him from
office if he fails to comply with the order:--
(a) treason,
(b) violation of the provisions of the
Constitution,
(c) misconduct,
(d) being disqualified for the post of Chief
Justice or Judge of High Court of region or state as prescribed in the
Constitution.
[Impeachment of region/state judges]
Esteemed Chairman,
As clarified above, as it is appropriate to
give the President the right to act so also rights should be given to region or
state Hluttaws, the method of impeaching the Chief Justice or Judge of High
Courts of region or state and removing them from office. In connection with the
method of impeaching by region or state Hluttaw it is to be clarified that
there is only one Hluttaw at region or state level and a written proposal
signed by at least one-fourth of the total membership of Hluttaw of region or
state shall be submitted to the Chairman of the Hluttaw concerned. The Chairman
of the Hluttaw concerned shall cause the charge to be investigated by forming a
commission. The Chairman of the Hluttaw is to report to the region or state
Hluttaw on the results of the investigation submitted to him by the
investigation commission. If it is found that the charge is correct and that
the Chief Justice or Judge of High Court of region or state is not fit to
continue in office, then it is to be supported by not less than two-thirds of
the total membership of the Hluttaw of the region or state and the Chairman of
the Hluttaw is to submit the matter to the President. If such report is
presented then the President is to order the removal of that person from
office.
Therefore, in connection with impeachment of
Chief Justice or Justice of High Court of region or state a precise basic
principle should be laid down that--
1. a Chief Justice or a Judge of the High
Court of region or state shall be impeached for any of the following:--
(a) treason;
(b) violation of the provisions of the
Constitution;
(c) misconduct;
(d) being disqualified for the post of Chief
Justice or Justice of the High Court of region or state as prescribed by the
Constitution;
2. if there is cause to impeach a Chief
Justice or a Judge of the High Court of a region or state for any of the above
offences a proposal in writing signed by not less than one-fourth of the total
membership of the region or state Hluttaw shall be submitted to the Chairman of
the Hluttaw concerned;
3. the Chairman of the Hluttaw concerned
shall cause the charge to be investigated by a commission. The term pending the
completion of the investigation shall be determined depending on the magnitude
of the charge;
4. the Chief Justice or Judge of the High
Court of the region or state who is charged shall have the right to appear or
to be represented at the investigation of the charge and to be given the chance
to refute;
5. the finding made by the investigation
commission on the charge made by the region or state Hluttaw on the Chief
Justice or Justice of the High Court of a region or state is to be submitted to
the Chairman of the Hluttaw concerned, the Chairman of the Hluttaw shall report
it to the region or state Hluttaw. If a resolution is passed, supported by not
less than two-thirds of the total membership concerned, declaring that the
charge is such as to render the Chief Justice or the Judge of the High Court of
the region or state unfit to continue in office, the Chairman of the Hluttaw
shall submit it to the President of the State;
6. the President on receiving the report
shall order the removal from office of the Chief Justice or Judge of the High
Court of region or state;
7. if the Hluttaw of the region or state
concerned decides that the charge against the Chief Justice or Justice of the
High Court of the region or state concerned has been refuted, the Chairman of
the Hluttaw concerned shall report the decision to the President.
[Term, resignation, or incapacity of
region/state judges]
Esteemed Chairman,
It will be necessary to prescribe the normal
term of office of the Chief Justice or Judge of the High Court of the region or
state, except in cases in which the President of the State orders resignation
or termination of service to any of them. Like the Chief Justice of the Union
and Judges of the Supreme Court [sic], they should have the right to serve up
to the age of 65 years, except in cases of voluntary resignation, termination
of service after impeachment, becoming unfit to continue service for permanent
disability due to impairment of physical or mental health as certified by the
medical board prescribed by the State or for some other reason, or in the case
of one passing away.
So in connection with the term of office,
detailed principles to form basis should be laid down that--
-- except in cases in which the President of
the State orders resignation or termination of service, the Chief Justice and
Judges of the High Court of the region or state have the right to serve till
they are fully 65 years of age, if there does not arise any of the following
reasons:
(a) voluntary resignation;
(b) termination of service after impeachment
in accord with the provision of the State Constitution;
(c) becoming unfit to continue service for
permanent disability due to physical or mental impairment as certified by the
medical board prescribed by the State or for some other reason;
(d) death.
[Position of region/state judges]
Esteemed Chairman,
It will be necessary to lay down principles
to form basis in connection with the status of the Chief Justice and Judges of
the High Court of the region or state and their responsibilities, rights and
privileges. It should be prescribed that the Chief Justice of the High Court of
the region or state is of the same status as a Union minister and that judges
of the High Court of the region or state are of the same status as Union deputy
ministers. In connection with these matters, details should not be prescribed
in the State Constitution but be prescribed by law. So, in connection with
responsibilities, rights and privileges of the Chief Justice and Judges of the
High Court of the region or state, it should be laid down, as a principle to
form basis, that--
-- responsibilities, rights and privileges of
the Chief Justice and Judges of the High Court of the region or state shall be
prescribed by law.
[Lower courts]
Esteemed Chairman,
I will continue to explain matters in
connection with the formation of courts under the High Court of the region or
state.
There are normally tow kinds of courts
--original court and appeal court. If there are too many levels of courts,
people would appeal to level after level of courts and it would entail a lot of
time and efforts. So it will be necessary to have levels of courts as appropriate,
to be in accord with the procedures being practised in permitting appeals and
revisions and to enable people to enjoy the right of appeal in accord with law.
So only two levels of courts should be formed under the High Court of the
region or state--the two levels being self-administered division court if there
is a self-administered division in the region or state, and township court; or
self-administered zone court if there is self-administered zone in the region
or state; in areas other than self-administered division or zone, there should
only be district court and township court. In Union territories, if necessary,
there may be districts and townships. So, in Union territories, there are to be
formed district courts and township courts.
Under the region or state High Court, there
may be other courts separately set up by law. For instance there are separately
formed courts such as juvenile courts. As there may be such courts as those set
up by law in future too, there should be such other courts as those set up by
law under the High Court of the region or state.
So, in connection with formation of various
levels of courts under the High Court of the region or state, it should be laid
down, as principles to form basis, that--
-- under the High Court of the region or
state, there are the following levels of court:
(a) if there is no self-administered areas in
the region or state
(1) district courts
(2) township courts
(b) if there is self-administered area in the
region or state
(1) in the self-administered division
(aa) court of the self-administered division
(bb) township courts
(2) in the self-administered zone
(aa) court of the self-administered zone
(bb) township courts
(3) in other areas
(aa) district courts
(bb) township courts
(c) in Union territory
(1) district courts
(2) township courts
(d) other courts set up by law.
[Position of lower level judiciary personnel]
Esteemed Chairman,
I will continue to clarify matters of
appointing judges at courts under the High Court of the region or state, giving
them judicial powers, prescribing their responsibilities, rights and
privileges, forming service organizations and prescribing duties, rights and
privileges thereof at the Supreme Court, region or state high courts and
remaining courts.
In appointing judges at lower courts other
than the Supreme Court and the region or state high court, they should be
appointed as State service personnel. As they are State service personnel, they
should be appointed in accord with law governing appointment of State service personnel.
Giving them judicial powers and prescribing their duties, rights and privileges
should be in accord with separately enacted law.
So, in connection with matters of appointing
judges at courts other than the Supreme Court and region or state high courts,
giving them judicial powers and prescribing their duties, rights and
privileges, and forming service organizations at these courts and prescribing
their duties, rights and privileges, it should be laid down, as detailed
principles to form basis, that--
1. appointing judges at lower courts other
than the Supreme Court and the region or state high court, giving them judicial
powers and prescribing their duties, rights and privileges should be in accord
with law.
2. forming service organizations comprising
officers and other ranks at the Supreme Court, region or state high courts and
various levels of courts under them and prescribing duties, rights and
privileges for service personnel in them should be in accord with law.
[Conclusion]
Esteemed Chairman,
Now, at this Plenary Session, I have
explained the observations of the National Convention Convening Work Committee
on matters concerning self-administered areas --the topic left for further
discussion in continuation of discussions on the State structure--and matters
concerning the legislature, the executive and the judiciary, the three of the
chapter headings already prescribed. These explanations are for discussion by
the delegates for the National Convention to lay down as detailed principles to
form basis. So, if the delegates have other suitable points to add and suggest,
they are to do so in accord with the six objectives of the National Convention,
the principles to form basis already laid down, and the procedures for conducting
the National Convention. With this I conclude.
(NLM 9/7)
Sept. 20: U Aung Toe's clarifications will be
broadcast and telecast on Myanma Radio and TV from Sept. 21-23. (NLM 9/21)