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
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
Hence, I had already clarified in my
presentation to the plenary session of the National Convention on
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
2. the President of
the
-- the head of the
executive of the State shall be the President of the
At the plenary session of the National
Convention held on
[Separation of powers]
Esteemed Chairman,
In connection with separation and
distribution of
-- 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
In studying the formation of the cabinet of
the
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
Esteemed Chairman,
The President of the
Such persons may be found among the Hluttaw
representatives and non-Hluttaw representatives. The President of the
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)