DETAILED PRINCIPLES ON “THE STATE”, “THE STATE STRUCTURE” AND “THE HEAD OF STATE”

THE DETAILED BASIC PRINCIPLES FOR THE CHAPTER ‘THE STATE’, ‘THE STATE STRUCTURE’ AND ‘THE HEAD OF STATE’ TO BE INCLUDED IN THE STATE CONSTITUTION AS LAID DOEN BY THE NATIONAL CONVENTION PLENARY SESSION HELD ON 9 APRIL 1994

[Online Burma/Myanmar editor’s note: there are differences between the present text of these chapters (as published in “the New Light of Myanmar” 10 April 1994) and that currently being circulated by the SPDC. The latter text is at the Alternate URL]

THE DETAILED BASIC PRINCIPLES FOR THE CHAPTER ‘THE STATE’

(1) Myanmar Naing-Ngan is a sovereign, independent nation;

(2) The State shall be known as Pyidaungsu Thamada Myanmar Naing-Ngan-Daw;

(3) The Naing-Ngan-Daw is a nation collectively inhabited by various national races together;

(4) Sovereign power of the State is derived from the citizens and is in force in the whole country;

(5) the territorial boundary inclusive of the land, sea and airspace of the State is as it is on the day the State Constitution comes into force.

THE DETAILED BASIC PRINCIPLES FOR THE CHAPTER ‘THE STATE STRUCTURE’

(1) The State is constituted by Pyidaungsu (Union) system;

(2) The State is delineated and constituted with the seven regions, seven states and Union territories as follows:

--Kachin State

--Kayah State

--Kayin State

--Chin State

--Sagaing Region

--Tanintharyi Region

--Bago Region

--Magway Region

--Mandalay Region

--Mon State

--Rakhine State

--Yangon Region

--Shan State

--Ayeyarwady Region

(3) Regions and States are of equal status and authority;

(4) If it is desired to change the name of a region or a state, it shall be done after ascertaining the wishes of the citizens who have the right to vote and residing in the region or state concerned;

(5) No part of the territory of the Union, namely regions, states, Union territories and self-administered areas etc. shall ever secede from the Union;

(6) In organizing the Union --

-- villages are organized into village-tract,

-- wards are organized into town or township,

-- village-tracts and wards or towns are organized into township,

-- townships are organized into district,

-- districts are organized into region or state,

-- in a self-administered zone townships therein are organized into the self-administered zone,

-- in self-administered division, townships therein are organized into district and districts are organized into the self-administered division,

-- if there be self-administered division or self-administered zone in a region or a state, the self-administered division, self-administered zone and districts are organized into region or state,

-- regions, states and Union territories are organized as the Union.

(7) In connection with re-delineation for the territorial boundary of the Union--

(a) If the need arises to re-delineate the territorial boundary of the Union, the President of the Union shall first inform the leader of the Pyidaungsu Hluttaw and ask him to seek the opinion of the Pyidaungsu Hluttaw.

(b) The leader of the Pyidaungsu Hluttaw, after receiving the intimation of the President of the Union to re-delineate of the territorial boundary of the Union, shall seek the opinions of the Hluttaw representatives as follows:

(1) assenting votes of more than half the total number of representatives included in the Hluttaw with equal numbers of representatives elected from regions and states,

(2) assenting votes of more than half the total number of representatives included in the Hluttaw elected on the basis of population,

(3) assenting votes of more than half the number of representatives from the region or state involving the boundary concerned in the two Hluttaws.

(c) The leader of the Pyidaungsu Hluttaw, after obtaining the assenting votes as mentioned above, shall inform the President of the Union for re-delineating the territorial boundary of the Union.

(d) If any Hluttaw or representative from the region or state involving the boundary concerned in the two Hluttaws, following the methods mentioned above, dissent in connection with the re-delineation of the territorial boundary of the Union, action shall be taken after obtaining the opinion of the Pyidaungsu Hluttaw. If the three-fourths and upwards of the Pyidaungsu Hluttaw representatives assent, the leader of the Pyidaungsu Hluttaw shall inform the President of the Union for the re-delineation of the territorial boundary of the Union as necessary.

(e) The President of the Union shall take necessary measures for re-delineation of the territorial boundary after obtaining the opinions of the Pyidaungsu Hluttaw.

(8) In connection with re-delineation of the territorial boundaries of a region or a state--

(a) If there arises cause to re-delineate the boundary of a region or a state, first of all the wishes of persons with voting rights residing in the township involved in the re-delineation of the boundary shall be sought.

(b) Re-delineation of the territorial boundary shall not be effected at all without supporting vote of more than half the total number of eligible voters residing in the township involved in the re-delineation of the boundary.

(c) If more than half the number of eligible voters in the township concerned vote in support of the re-delineation of the boundary, the wishes of the involved region or state Hluttaw representatives shall be sought.

(d) The President of the Union, with the approval of the Pyidaungsu Hluttaw, shall re-delineate the territorial boundary of a region or state, after getting the supporting vote of three-fourths and upwards of the total number of involved region or state Hluttaw representatives.

(e) The decision of the Pyidaungsu Hluttaw shall be sought if an involved region or state Hluttaw passes a decision against re-delineation of the boundary.

(f) The President of the Union shall re-delineate the boundary of the region or state as necessary if it supported by three-fourths and upwards of the total number of representatives in the Pyidaungsu Hluttaw.

(9) If occasion arises to make changes in the boundary, organization or name of a village, village-tract, ward, town, township or district in a region, state, self-administered division or self-administered zone, the region or state executive authority concerned shall submit recommendations to the President of the Union, and the President of the Union shall then act accordingly.

(10) If it is desired to change the name of a self-administered division or self-administered zone, the same methods shall be applied as in the case of a change of name of the region or state.

(11) In connection with designating Union territories--

(a) Yangon City, that is the Capital of the Union, is designated as Union territory under direct administration of the President of the Union,

(2) Cocogyun Township which has a special situation is designated as Union territory and under direct administration of the President of the Union,

(3) if the need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories under direct administration of the President of the Union after enacting laws.

THE DETAILED BASIC PRINCIPLES FOR THE CHAPTER ‘THE HEAD OF STATE’

(1) The Head of State is the President of the Union.

(2) The President of the Union represents the nation.

(3) The President of the Union occupies a position of the highest honour in the whole of the Union of Myanmar.

(4) In connection with qualifications of the President and Vice-Presidents--

(a) The President of the Union shall be loyal to the Union and the citizenry,

(b) The President of the Union must be a citizen of Myanmar who was, and both of whose parents were, born in the territory under the jurisdiction of the State, belonging to the nationality of Myanmar,

(d) The President of the Union shall be well acquainted with affairs of State such as political, administrative, economic and military affairs,

(e) the President of the Union shall be a person who has been residing continuously in the country for at least 20 years up to the time of the election,

(f) The President of the Union himself, parents, spouse, children and their spouses shall not owe allegiance to a foreign power, shall not be subject of a foreign power or citizen of a foreign country. They shall not be persons entitled to the rights and privileges of a subject or citizen of a foreign country,

(g) The President of the Union shall possess specific qualifications required of the President in addition to qualifications required to stand for election to the Hluttaw,

(h) The Vice-President shall possess qualifications required of the President.

(5) In connection with the election of the President and the Vice-Presidents--

(a) The President of the Union shall be elected by the presidential electoral college,

(b) The presidential electoral college shall be organized with three groups of the Pyidaungsu Hluttaw representatives as follows:

(1) Group formed with elected Hluttaw representatives in the Hluttaw with equal numbers of representatives elected from regions and states,

(2) Group formed with elected Hluttaw representatives in the Hluttaw elected on basis of population,

(3) Group formed with Tatmadaw member Hluttaw representatives nominated as such by the Commander-in-Chief of the Defence Services for the said two Hluttaws,

(c) Each group shall elect a Vice-President from among Hluttaw representatives or from among persons who are not Hluttaw representatives,

(d) A body comprising the leaders and deputy leaders of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether or not the Vice-President possess the qualifications prescribed for the President,

(e) The presidential electoral college made up of all the Pyidaungsu Hluttaw representatives shall vote one of the three Vice-Presidents who are presidential candidates, as the President of the Union,

(f) Law shall be enacted as required for presidential election.

(6) In connection with the terms of office of the President of the Union or Vice-Presidents--

(a) The term of office of the President or the Vice-Presidents is five years,

(b) After expiry of incumbent term, the President and Vice-Presidents shall carry on in office till the time the new President and Vice President are duly elected,

(d) An interim period to serve as the President or Vice-President shall not be counted as one term of office,

(e) If a vacancy is filled for the presidency or vice-presidency for any reason, the term of office of the President or the Vice-President shall be up to the end of the original term of office.

(7) The President or the Vice-Presidents shall not be representatives of any Hluttaw,

(8) If a Hluttaw representative be elected President or Vice-President, this person shall be deemed to have resigned from his seat in the Hluttaw, and if a service personnel be elected President or Vice-President, the persons shall be deemed to have resigned or retired from the date of such election,

(9) If a person elected President or Vice-President happens to be member of a political party, this person shall not participate in party activities of that party organization, from the date of such election, during the term of office,

(10) In taking oath of office by the President and Vice-Presidents, the following points are to be included:

(a) to be loyal to the Union of Myanmar and the citizenry,

(b) to hold always in esteem non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty,

(d) to carry out the responsibilities uprightly to the best of one's ability,

(e) to strive for further flourishing of worldly values such as justice, liberty and equality,

(f) to solemnly declare and pledge dedication of life and person to the service of the Union of Myanmar,

(11) The President or the Vice-Presidents shall exercise responsibilities and rights assigned and vested by the Constitution and other laws,

(12) The President and the Vice-Presidents shall not accept any other office or position of emolument,

(13) The President and the Vice-Presidents shall furnish lists of assets namely family owned land, houses, buildings, businesses, savings and other valuables --stating their values--belonging to the respective families led by them and send them to the leader of the Pyidaungsu Hluttaw,

(14) The President and the Vice-Presidents shall be entitled to enjoy the emolument and facilities of office, in accord with law. Each shall also be entitled to have a suitable residence,

(15) Except in the case of removal from office following impeachment, the President and the Vice-Presidents shall enjoy pension and appropriate allowances on retirement after expiry of the term of office.

(16) In connection with methods to be applied in impeachment of the President or the Vice-President--

(a) The President or any Vice-President shall be impeached for one of the following reasons:

(1) treason,

(2) violation of the provisions of the Constitution,

(3) misconduct,

(4) being disqualified for the Presidency or Vice-Presidency under the Constitution,

(b) If it is desired to impeach the President or any Vice-President, not less than one-fourth of the total membership of any of the two Hluttaws included in the Pyidaungsu Hluttaw is to sign a charge and submit it to the leader of the Hluttaw concerned,

(c) Further action shall be taken if not less than two-thirds of the total membership of the Hluttaw concerned support the charge,

(d) If one Hluttaw supports to take action in connection with the charge, the other Hluttaw shall investigate the charge or form a body to investigate the charge,

(e) The President or the Vice-President shall have the right to refute the charge personally or through a representative when it is investigated,

(f) If not less than two-thirds of the total membership of the Hluttaw by which the charge was investigated or caused to be investigated, declares after the investigation that the charge has been sustained and then decides that the offence, the subject of the charge, is such as to render the President or the Vice-President unfit to continue in office, that Hluttaw shall submit it to the leader of the Pyidaungsu Hluttaw to remove the President or Vice-President from office,

(g) The leader of the Pyidaungsu Hluttaw shall proclaim removal of the President or Vice-President immediately after the receipt of the information.

(17) The President or the Vice-President shall be allowed to resign from office of his own volition before the expiry of the term of office,

(18) In connection with the methods to be applied if the post of the President or Vice-Presidents falls vacant--

(a) one of the two Vice-Presidents who has own the second highest votes in the presidential election shall serve as Acting President if the post of the President falls vacant due to his resignation, death, permanent disability or any other cause,

(b) if the vacancy of the President comes about while the Pyidaungsu Hluttaw is in session, the Acting President shall promptly inform the lead of the Pyidaungsu Hluttaw for filling it within seven days,

(c) on receipt of the intimation, the leader of the Pyidaungsu Hluttaw shall move for electing of a Vice-President by the representatives group which had elected the Vice-President who later got elected President but who vacated the Presidency,

(d) after the representatives group concerned has elected a Vice-President, the electoral college made up of all the Pyidaungsu Hluttaw representatives shall elect the President of the Union out of three Vice-Presidents,

(e) if the vacancy comes about when the Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw shall summon a Pyidaungsu Hluttaw session within 21 days from the date of receipt of the intimation from the Acting President, and carry on for filling the vacant presidency in the way stated above,

(f) if the post of a Vice-President falls vacant due to resignation, death, permanent disability or any other cause while the Pyidaungsu Hluttaw is in session, the President shall promptly inform the leader of the Pyidaungsu Hluttaw to enable the Hluttaw representatives group which has elected the just vacated Vice-President to elect a new Vice-President within seven days,

(g) if the vacancy comes about when the Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw shall summon the Pyidaungsu Hluttaw session within 21 days, and carry on for the filling of the Vice-Presidency by the Hluttaw representatives group in the prescribed method.

Source: “The New Light of Myanmar” 10 April 1994

[Online Burma/Myanmar Library editor’s note: This text is taken from the full-text version transcribed from “The New Light of Myanmar” contained in “The Burma Press Summary” (BPS) – see http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 Some of the clarifications placed in square brackets by the BPS compiler have been kept here]