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 X, No. 4, April 1996


NATIONAL CONVENTION
"Explanations" from Plenary Session

NATIONAL CONVENTION

"Explanations" from Plenary Session

The Plenary Session of the National Convention adjourned to an unspecified date on Mar. 31; major speeches and statements issued during the session, though printed during the first few days of April, were included in the March issue. Several excerpts from "Explanations" by Chairman U Aung Toe of the National Convention Convening Work Committee on the chapters on "The Legislature" and "The Executive" have appeared since, and are included herewith [full texts as published in NLM]:

[The Legislature]

Mar. 28: Translation of excerpts from the "formation on 'The Legislature' submitted to the National Convention Plenary Session on 28 March 1996" [full text as printed in NLM]:

Esteemed Chairman,

Proposals of National Convention delegates groups and separate proposals of certain delegates on the formation of the Pyithu Hluttaw have been clarified in brief.

Basic principles have already been laid down on the Tatmadaw's participation in the national political leadership role of the future State, one of the six objectives of the State. To be able to do so in accordance with the basic principles thus laid down, Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of Defence Services are to participate in the Pyithu Hluttaw, Amyotha Hluttaw, Region Hluttaws and State Hluttaws.

It is known to all that the Tatmadaw, since the time of the freedom struggle, has always held public interest in esteem and safeguarded them. Experience show that there can be progress at a greater pace in nation building and development tasks by enabling the Tatmadaw to participate in the national political leadership role.

Esteemed Chairman,

In connection with the suggestion of some National Convention delegates requiring the Tatmadaw members to stand for election, the Tatmadaw is an organization which only undertakes national politics. As it is not engaged in party politics its members do not need to stand for election. Moreover, as a basic principle has been laid down for the Tatmadaw to be able to always participate in the national political leadership role, the Tatmadaw is duty-bound to always play a contributory role.

The number of Tatmadaw member Hluttaw representatives is only one fourth of the total membership of the Hluttaw. It has become obvious that Tatmadaw member Hluttaw representatives who constitute only one fourth of the total membership in the Hluttaw will not assume the power of the State. However, the Tatmadaw has to carry out the duty of always participating in national political leadership role, and as such Tatmadaw member Hluttaw representatives need to possess a strength to be able to assist in taking timely measures in the event of failure to abide the Constitution, misuse of power or misconduct by any organ or any person of that organ.

There have been instances of losses and damages to the State and the public due to difference of opinions among Hluttaw representatives elected to the respective Hluttaws, between groups or between individual representatives as they were not in a position to carry out some tasks in time.

If there naturally occurs difference of opinion among Hluttaw representatives to be elected to the respective Hluttaws, among groups and between individual representatives, the Tatmadaw member Hluttaw representatives dedicated to national politics with no party or ideological attachment will be in a position to try to reach agreement as much as possible among the Hluttaw representatives.

Esteemed Chairman,

All have already heard the proposals of the National Convention delegate groups and certain delegates. There are proposals to add "in accord with law" to become "not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of Defence Services" and to add the same expression in basic principles laid down for the Tatmadaw member Hluttaw representatives in connection with formation of the remaining Hluttaws. They are most appropriate and more precise, so they should be given serious consideration.

Hence, the National Convention Convening Work Committee coordinated with members of the Panel of Chairmen on the proposals for adding the expression. The members of the Panel of Chairmen in turn coordinated with the respective delegate groups and presented in writing the opinions of the delegate groups to the Work Committee. Most of the delegate groups said the Commander-in-Chief of Defence Services will nominate the Tatmadaw member Hluttaw representatives in accord with law and as such they proposed to add the expression "in accord with law" to become "Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of Defence Services".

Esteemed Chairman,

If discussions and revised proposals of the National Convention delegate groups are reviewed,

-- peasant delegates group,

-- worker delegates group,

-- intellectuals and intelligentsia delegates group,

-- State service personnel delegates group,

-- other invited persons delegates group,

-- political parties delegates group comprising

-- Union Pa-On National Organization,

-- Union Kayin League, and

-- National Unity Party

proposed that detailed basic principles should be laid down as:

Pyithu Hluttaw shall be constituted with a maximum 440 Hluttaw representatives, as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of population;

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by Commander-in-Chief of Defence Services.

(NLM 4/2)

[The Executive]

Mar. 29: "Translation of an extract from the explanation given by...U Aung Toe concerning the chapter "The Executive"....[full text as printed in NLM]:

District, township, ward and village administration

Esteemed Chairman,

A review of the experience in executing administrative tasks at district, township and village-tract levels will indicate practising of a multiparty democracy system under the 1947 Constitution. The then representatives elected by the people were involved in laying down policy guidelines which had to be implemented by service personnel in accordance with law, bringing about continuous operation of the State machinery.

With the protection given by the Tatmadaw to some bid towns against dangers posed by internal insurgency which emerged in 1949 and with the continuous operation of the State machinery thanks to the personnel, security and rule of law could be maintained.

Then, regional democracy administration was experimented with regional administrative bodies elected at respective districts, townships, wards and village-tracts in 10 districts. However, it was found that it was not successful.

Again, the State machinery was kept in motion by vesting powers with authoritative organs at different levels formed with people's representatives elected by the people at the Central, township, ward and village-tract levels under the 1974 Constitution. At that time, regional administrative system was adopted with the centrally controlled structuring of the State. People's representatives involved in formulating and implementing policy took guidance from the central and kept the State machinery running.

It was found under the system adopted that there were no problems of differing opinions as members of the authoritative organs had to function in conformity with policy guidelines laid down by the central.

During the disturbances in 1988, it came to such a situation that the authoritative organs at different levels formed with the people's representatives were not able to exercise their powers due to the prevailing conditions. The State machinery ground to a halt, anarchism reigned everywhere and the people were in complete distress.

Esteemed Chairman,

We are about to adopt multiparty democracy system. If administrative bodies are formed with Hluttaw representatives-elect for the administration at district, township, ward and village-tract levels, they will include delegates of various parties as members. Should these members be divided in their opinions, their functions may be delayed or suspended.

Esteemed Chairman,

It was also find that the respective government formed advisory committees and supervisory committees from time to time to provide supervision as necessary for bringing about better dynamism of State machinery run by the service personnel.

In the post-independence period, Pyitawtha committees, security councils, ward committees for maintenance of peace and rule of law and security and administrative committees were formed for dynamic operation of the State machinery and giving advice and assistance. In the same way, Law and Order Restoration Councils at different levels were formed at the Central, divisions, districts, townships, wards and village-tracts.

The Councils make coordination and cooperation as required and service personnel of departments carry out their tasks in accordance with law.

Although there may be changes in members of the Councils, service personnel are in a position to secure the people's life by keeping the State machinery continuously running.

Esteemed Chairman,

I explained that there should be election of persons who will provide leadership for the administration of ward and village-tract levels. However, some delegate groups, based on experience, presented that there may come about discord and conflicts among local residents if such election is held in wards and village-tracts, affecting more or less national unity.

It is reviewed [sic] that we should draw lessons from their presentation.

Esteemed Chairman,

According to their suggestions, State service personnel should be assigned duties for the administration at district and township levels and a person of integrity and repute should be assigned duties in accordance with law for the administration of respective ward and village-tract. In connection with this, the following delegate groups proposed thus for laying down basic principles:

-- workers delegate group,

-- intellectuals and intelligentsia delegate group,

-- State service personnel delegate group,

-- other invited persons group,

-- national races delegate group,

-- the following which are included in the political parties' delegate group:

-- Union Pa-O National Organization;

-- Kokang Democracy and Unity Party.

Peasants delegate group, a delegate group to the National Convention, said in their proposal that they formerly experienced flaws both in the system under which a personnel only had to take charge of the administration and also in the system of administration by representatives-elect so the administrative system jointly undertaken by the representatives-elect concerned and personnel will be compatible with the changing political system of the nation. The group suggested a person of integrity and repute be appointed to take charge of the ward or village-tract administration.

Esteemed Chairman,

The National Convention delegates have already known conditions that may come up in running the administrative machinery at the district and township levels and conditions that may surface in keeping it in motion with personnel. Administrative powers are to be vested in the personnel or the body concerned in accordance with law.

You have already known how National Convention delegates have presented their views suggesting district and township level administrative machinery not be run by a group or committee. However, if the administrative machinery is not undertaken by a group or committee, the choice left is to assign duties to service personnel concerned.

In making them so perform duties, the personnel must be in strict adherence of law. Should there be ones who go ahead in disregard of law, representatives-elect concerned are to control them by submitting the matter to and discussing it at the respective Hluttaw. Moreover, the department concerned is to take action against such personnel in accordance with service regulations.

Furthermore, if the President assumes, as suggested by the peasant delegates, that it is necessary to control administrative matters at district and township levels, advisory bodies and coordination committees including personnel and local residents are to be formed for control of such matters.

Esteemed Chairman,

Some political parties included in the political parties' delegate group suggested administrative machinery at district, township and ward and village-tract levels be run with the leadership of representatives-elect. I have already explained that administrative machinery at district and township levels should be operated by service personnel and ward and village-tract administration should be undertaken by persons of integrity and repute.

Representative of political parties included in the political parties' delegate group put forward opinions of their parties and independent representatives-elect, included in the same group, also submitted their opinions.

In accordance with suggestions of many of the National Convention delegates, the following have been laid down as basic principles to serve as basis:

In connection with administration at district and township levels,

-- Duties shall be assigned to State service personnel for the administration at district and township levels;

In connection with administration at ward and village-tract levels,

-- A commonly respected person of high repute and integrity shall be appointed in accordance with law for the respective ward and village-tract administration.

(NLM 4/8)

Mar. 29: Extract from a "presentation" by U Aung Toe concerning the chapter "The Executive."

[Presidential Executive]

There are two systems in exercise of executive power in most of the countries: the President is executive head in one system and the Prime Minister in another. Under the system with the Prime Minister as executive head, the Prime Minister is elected by the Hluttaw which has the right to dismiss him after submitting a non-confidence motion any time. In applying that system, a government is sometimes formed with a small majority, and a coalition government has to be formed when a party cannot form one. The Prime Minister of such a government is always worried about the dismissal following a no-confidence submitted by discontented representatives who earlier supported him. Being in a position to give in the wishes of the Hluttaw representatives, such Prime Ministers were not able to serve the nation and the citizenry as much as they should or they wished. Under the circumstances, the leadership of the Prime Minister had been weak and he was unable to carry out national development projects in earnest. Experience shows that the Prime Minister was in no position to guard against the dangers of loss of national sovereignty, disintegration of national unity and disintegration of the Union. So, it has become necessary to consider whether to follow the system with the President as executive head elected by a presidential electoral college to overcome such weaknesses. Under the system, the President shall not be dismissed by a no-confidence motion of the Hluttaw, so he will be able to carry out tasks in the interest of the nation and the citizenry freely and energetically.

Hence, I had already clarified in my presentation to the plenary session of the National Convention on 7 June 1993 to consider with seriousness whether to change over to the system with the President as executive head to be able the serve the interests of the nation and the citizenry effectively.

Esteemed Chairman,

After the coordination and discussions over the clarification, National Convention delegates have already laid down that --

1. the Head of State shall be the President of the Union,

2. the President of the Union shall be elected by the presidential electoral college, and in connection with the executive, it was laid down that --

-- the head of the executive of the State shall be the President of the Union.

At the plenary session of the National Convention held on 2 September 1994, Chairman of the National Convention Convening Commission said it would be necessary to contribute ideas and suggestions in accord with the six objectives of the National Convention true to the past tradition. He also said it would be necessary to clearly present only ideas that were truly desirable, consistent and relevant, and refrain from discussions contrary to the basic principles already obtained earlier. In connection with the executive, a basic principle had already been laid down that the President of the Union shall be the executive head according to the wishes of the majority of National Convention delegates. Accordingly, the Pyidaungsu Government shall be led by the President of the Union, who is the executive head. There will be no Pyidaungsu Prime Minister or Deputy Prime Minister in the government which will be led by the President of the Union. Moreover, deputy ministers are not included in such cabinets. So, discussions are to continue according to the basic principles already laid down.

[Separation of powers]

Esteemed Chairman,

In connection with separation and distribution of Sovereign State power, it has been laid down 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.

In accordance with the basic principles already laid down, legislative power, executive power and judicial power are separated and exercised [sic] as much as possible. The President of the Union, who is the head of the executive has to appoint the Attorney-General to seek legal advice and assign duties of legal character in discharging his duties. Moreover, the Attorney-General will be able to give legal advice promptly as necessary if he is a member of the cabinet.

In studying the formation of the cabinet of the United States of America, the head of the Department of Justice is the Attorney-General and he is a member of the cabinet of USA.

Esteemed Chairman,

Some of the National Convention delegates suggested the Pyidaungsu Government should be formed with Hluttaw representatives only.

Concerning this suggestion, a basic principle was laid down on separation and distribution of legislative power, executive power and judicial power in drafting the State Constitution at the plenary session of the National Convention held on 18 January 1994. I have already clarified that if a Hluttaw representative is elected as President or the Vice-President by the presidential electoral college, the person will be a Hluttaw representative and the President or the Vice-President at the same time; this will be contrary to the basic principle on the separation of the three powers.

Esteemed Chairman,

The President of the Union, in accordance with the basic principle on the separation of the three powers, is the person to exercise the executive power according to the State Constitution and existing laws. There can be administrative, economic and social progress of the nation if the government led by the President of the Union is able and there can be backwardness in n is able and there can be backwardness in national development if the leadership is weak. Hence, experienced and skilled persons in the respective fields are essential to assist the President of the Union to enable him to discharge executive duties successfully.

Such persons may be found among the Hluttaw representatives and non-Hluttaw representatives. The President of the Union should be allowed to choose suitable persons among Hluttaw representatives and non-Hluttaw representatives to appoint Union Ministers and Deputy Ministers to get help from them in discharging duties.

If the persons chosen and appointed as such include Hluttaw representatives they should be made to resign from Hluttaw representatives [sic] in accordance with the principle on the separation of the three powers. In the course of discussions, some delegates used the term Pyidaungsu Asoeya Aphwe (Union Government). Since the term is most precise, it shall be used so. It will also be used as necessary in the Regions and States. (NLM 4/11)