PROCEEDINGS OF THE NATIONAL CONVENTION
30 March 2005
From The New Light of Myanmar 31 March 2005
Other
invited persons delegate group made up of peace groups will
constantly join hands with Tatmadaw Government and wishes emergence
of enduring constitution
Delegate groups of State service personnel and other invited persons read proposals
YANGON, 30 March—The plenary session of the National Convention continued at the Pyidaungsu Hall of the Nyaunghnapin Camp in Hmawby Township this morning.
Delegate groups of State service personnel and other invited persons read proposals regarding detailed basic principles to be adopted for sharing of executive and judicial powers to be included in the drawing of the State Constitution.
Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen of sub-committees and officials, representatives of Kokang Democracy and Unity Party, National Unity Party, Union Kayin League, Union
Pa-O National Organization, Mro (a) Khami National Solidarity Organization, Lahu National Development Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (a) Khami National Solidarity Organization and independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State service personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates of 17 national groups who exchanged arms for peace, and representative of other organizations.
Before the plenary meeting, NCCC Chairman Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, representatives of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of workers, intellectuals and intelligentsia, delegates of State service personnel and other invited delegates signed the attendance registers at the Pyidaungsu Hall and the recreation hall for the National Convention delegates.
Dr Thein Nyunt (Nyunt Wai-Katha) of the delegate group of intellectuals and intelligentsia presided over the meeting together with Members of the Work Committee U Myo Thant (Maung Hsu Shin), U Saw Philip (a) U Philip Sam of the delegate group of political parties, U Law Hsin Kwam of the delegate group of representatives-elect, U Kyaw Din (a) U Htay Ral of the delegate group of national races, U Kyi Tint of the delegate group of peasants, U Bo Thein of the delegate group of workers, Dr Myat Myat Ohn Khin of the delegate group of State service personnel and Dr Manan Tu Ja of the delegate group of other invited persons.
Director (Meeting) of the office of the Work Committee U Than Aung acted as MC and Deputy Director U Aung Kyi as co-MC.
Altogether 1,070 out of the 1,081 delegates or 98.98 per cent attended the meeting.
U Tin Yee read the paper on proposals of the delegate group of State service personnel regarding the adoption of detailed basic principles for the division of executive and judicial powers to be included in the writing of State Constitution. The session went into recess.
The plenary session resumed at 10 am. U Thein Htay and U Tin Htwe read the paper on proposals of the group of State service personnel with regard to the laying down of the detailed principles for the delegation of the executive and judicial powers to be included in the framing of the State Constitution. The plenary session went into recess for lunch.
The plenary session resumed at 1 pm. U Wai Myint and Dr Swe Swe Aye read the paper on proposals of the group of State service personnel with regard to the laying down of the detailed principles for the delegation of the executive and judicial powers to be included in the framing of the State Constitution. Next, the plenary session went into recess.
It resumed at 2.25 pm. U Min Ein of the delegate of other invited persons read out detailed basic principles on the president’s functions and power, detailed basic principles on executive power of Union government, and detailed basic principles on the executive power of the region or state government which have been proposed by the delegate of other invited persons.
Two delegates, on behalf of 100 delegates, read the paper, which said that the other invited persons delegate group comprises 27 groups including 17 peace groups. The delegates comprising various national races, have been actively, unitedly and happily making discussion with heart and soul in accord with the six objectives of the National Convention for successful materialization of the seven steps of the Road Map. The delegates are free to present their discussions and suggestions. Of the 16 suggestions for the already-laid-down sector of the distribution of the legislative power, six were presented by the other invited persons delegate group. The delegates have been able to present their suggestions and discussions independently and frankly at group discussions as well as at the plenary session.
As the facts of the suggestions are found to be beneficial to the State and the people as detailed basic principles for sharing the legislative power, they have been approved as basic principles without leaving or canceling any part of them.
The National Convention Convening Commission and the National Convention Convening Work Committee explained the suggestions that did not concern the sector of sharing the legislative power and the suggestions that were not clear.
The other invited persons delegate group made up of peace groups profoundly made a presentation that it will constantly join hands with the Tatmadaw Government, and that it also has the same wish and vision as others for the success of the National Convention and the emergence of an enduring constitution for the Union of Myanmar.
All citizens have the duty to ensure the stability of the State, community peace and the rule of law. The regions and states also have the duty to help maintain the stability of the State, community peace and the rule of law.
The implementation of a project in region or state with the consent of the Hluttaw of the region or state clearly indicates the mutual respect. Actually, every project of a region or state has interrelations with the projects of the Union in benefiting the nation.
In line with the policies of the Union, the executive power will be vested in the region or state government. There are adequate number of proper channels between the Union and the regions and states regarding the matters of mutual concern.
In implementing tasks that serve the interest of the people of regions and states, the role of the Hluttaw has been clearly defined. The group finds that the Work Committee’s explanations concerning the executive power comprehensive. The group supports the laying down of the facts of the explanations as basic principles.
The group supports to lay down the following points as detailed basic principles.
1. Subject to the provisions of this Constitution, the executive power of the region or state government extends to the matters with respect to which the region or State Hluttaw has power to make laws. Moreover, in such manner, the executive power of the region or state government also extends to the matters with respect to which the region or state government has been allowed to carry out in accord with any of the Union laws.
2. The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law.
3. Subject to the policies adopted by the Union Government and Union laws, the region or state governments shall implement the projects in connection with the task to be implemented in the respective regions or states with the approval of the region or state Hluttaws.
4. Region or state governments shall submit to the respective Hluttaws of the regions and states the budget bill of the regions and states concerned based on the annual budget of the Union Government in accord with the provisions in the Constitution.
5. If the region or state Hluttaw cannot pass the bill on the budget of the region or state submitted by the region or state government concerned, the said region or state government shall have the right to use the funds of the current expenditure included in the last-enacted budget law of the region or state Hluttaw.
6. In accordance with the provisions of the Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.
7. The region or state government shall —
(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of the Constitution, or with those of the existing laws.
(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.
8. To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall —
(a) establish civil service organizations of the region or state as necessary;
(b) appoint the required number of civilian staff.
9. The region or state government shall —
(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.
(b) submit the report on the entire affairs of its area to the Union government and to the Region or State Hluttaw concerned.
10.The region or state government shall implement the tasks occasionally assigned by the Union government.
U Khun Tin Htut of the delegate of other invited persons read out detailed basic principles on the executive power of self-administered region or state, detailed basic principles on the sector for State service personnel, and detailed basic principles on the delegation of the judicial power which had been proposed by the delegate of other invited persons.
Some excerpts form his presentation are as follows:-
“I have submitted and presented the proposal papers of the delegate group of other invited persons regarding the detailed basic principles for the sharing of executive and judicial powers.
The proposal papers represent the wish of all the delegates of the group of other invited persons. And we compiled the papers with the aim of contributing towards national solidarity, successful completion of the National Convention, and sooner emergence of the State Constitution.
In conclusion, I would say the points of the papers and the unity of the group will make contribution towards accomplishment of the National Convention to an extent.
The plenary session was adjourned at 3.25 pm.
The
National Convention plenary session continues tomorrow.