PROCEEDINGS OF THE NATIONAL CONVENTION

6 December 2005

From The New Light of Myanmar 7 December 2005

The Plenary Meeting of National Convention Continues (6-12-2005)

Proposals submitted by delegate groups assessed Plenary session of National Convention continues in Nyaunghnapin Camp in Hmawby

YANGON, 6 Dec — With the six objectives of the National Convention of the State— (a) non-disintegration of the Union (b) non-disintegration of the national solidarity (c) perpetuity of sovereignty (d) flourishing of a genuine multiparty democracy system (e) further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality; and (f) the Tatmadaw to be able to participate in the national political leadership role of the future State, the plenary session of the National Convention was held from 17 February to 31 March for 2005 and was temporarily adjourned. The plenary session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township this morning.

It was attended by Chairman of the National Convention Convening Commission Secretary 1 of the State Peace and Development Council Lt-Gen Thein Sein and members, Chairman of the NCC Work Committee Chief Justice U Aung Toe and members, Chairman of the NCC Management Committee Auditor-General Maj-Gen Lun Maung and members, Chairmen of Sub-committees and officials, delegates of Kokang Democracy and Unity Party, National Unity Party, Union Kayin League, Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Wa National Development Party, representatives-elect of National Unity Party, Mro (or) Khami National Solidarity Organization, independent representatives-elect, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan State (South), Shan State (North), Shan State (East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine States, Shan (South), Shan (North), Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine States, Shan (South), Shan (North), Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State service personnel from the SPDC Office, the President’s Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s 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 armed groups who exchanged arms for peace and Dean of Military Attache’ Cambordian Military Attache’ to Myanmar Col Ngi Vanndim, Military Attaches’ of Korea, Malaysia, Japan, Thailand, Russia, Indonesia, Laos, China, Vietnam and mediamen from the Ministry of Information.

Before the plenary session of National Convention, Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and members, Chairman of the NCC Work Committee Chief Justice U Aung Toe and members, Chairman of the NCC Management Committee Auditor-General Maj-Gen Lun Maung and members, Chairmen of Sub-committees and officials, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of workers, delegates of intellectuals and intelligentsia, delegates of State service personnel, and other invited delegates signed the attendance registers at Pyidaungsu Hall and the recreation hall for NC delegates.

Next, Chairman of the National Convention Convening Commission Secretary 1 of the State Peace and Development Council Lt-Gen Thein Sein and members, Chairman of the NCC Work Committee Chief Justice U Aung Toe and members, Chairman of the NCC Management Committee Auditor-General Maj-Gen Lun Maung and members cordially greeted Dean of Military Attache’ Cambordian Military Attache’ to Myanmar Col Ngi Vanndim, Military Attache’ of Korea, Malaysia, Japan, Thailand, Russia, Indonesia, Laos, China and Vietnam who were observing the plenary session of the National Convention.

During the session, Dr Daw Myat Myat Ohn Khin of Delegate Group of the State Service Personnel presided over the meeting together with U Ba Han of NCCWC, U Saw Philip (a) U Philip Sam from Delegate Group of Political Parties, U Law Hsin Kwan from Delegate Group of Representatives-elect, U Du Wa Zoat Doung from Delegate Group of National Races, U Kyi Tin from Delegate Group of Peasants, U Bo Thein from Delegate Group of Workers, Dr Thein Nyunt (Nyunt Wai-Katha) from Delegate Group of Intellectuals and Intelligentsia and Dr Daw Ma Nan Tu Ja from Delegate Group of Other Invited Persons while Director (Meeting) U Than Aung of NCCWC Office acted as master of ceremonies and Deputy Director U Aung Kyi, co-master of ceremonies.

First, the master of ceremonies announced the start of the meeting with the permission of the meeting chairman as 1,070 out of 1,080 delegates were present, accounting for 99.44 per cent.

Next, alternate chairperson Dr Myat Myat Ohn Khin started to assess the proposals submitted by delegates groups to the National Convention regarding detailed basic principles to be laid down for sharing and distribution of power in legislative, executive and judicial sectors to be included in writing the State Constitution.

(The review made by Dr Daw Myat Myat Ohn Khin is reported separately.)

Afterwards, the plenary session went into recess at 9.30 am.

After that, the plenary session continued at 9.50 am.

Similarly, member of alternate chairmen Dr Ma Nan Tu Ja reviewed the proposals submitted by delegates groups to the National Convention regarding detailed basic principles to be laid down for sharing and distribution of power in legislative, executive and judicial sectors to be included in writing the State Constitution.

( The review made by Dr Ma Nan Tu Ja is reported separately.)

Next, member of alternate chairmen U Ba Han reviewed the proposals submitted by delegates groups to the National Convention regarding detailed basic principles to be laid down for sharing and distribution of power in legislative, executive and judicial sectors to be included in writing the State Constitution.

(The review made by U Ba Han will be reported tomorrow.)

Afterwards, member of alternate chairmen U Saw Philip (a) U Philip Sam assessed the proposals submitted by delegates groups to the National Convention regarding detailed basic principles to be laid down for sharing and distribution of power in legislative, executive and judicial sectors to be included in writing the State Constitution.

(The review made by U Saw Philip (a) U Philip Sam will be reported tomorrow.)

After that, the plenary session was adjourned at 10.50 am.

The plenary session continues tomorrow.

According to forthcoming State Constitution Pyidaungsu Hluttaw is the highest organization President and the Vice-President shall be responsible to Pyidaungsu Hluttaw is proper

Dr Myat Myat Ohn Khin

YANGON, 6 Dec — The following is the clarification made by Alternate Chairman Dr Myat Myat Ohn Khin on reviews of the proposal papers submitted by the National Convention delegate groups for laying down detailed basic principles for sharing of executive and judicial powers to be included in the State Constitution at Nyaunghnapin Camp in Hmawby Township today.

She extended greetings to Chairman of the National Convention Convening Commission and members, the Chairman of Work Committee and members, the Chairman of Management Committee and members and all the delegates.

At the National Convention held from 17 February to 31 March the delegates of the group-wise meeting submitted the proposal papers on laying down detailed basic principles for sharing of executive and judicial powers to be included in the State Constitution.

There are altogether 17 papers from various groups— seven from delegates of political parties, four from delegates of representatives-elect, one from delegates of national races, one from delegates of peasants, one from delegates of workers, one from delegates of intellectuals and intelligentsia, one from delegates of State service personnel, one from delegates of other invited delegates.

The National Convention delegate group and some of the delegates reported on the papers and I will present the collections of the panel of chairmen on the proposal papers and suggestions.

At the National Convention Plenary Meeting held on 7 March 2005, Chairman of the National Convention Convening Commission said: “The previous plenary sessions of the National Convention have laid down the basic principles and detailed basic principles “the Head of State is the President of the Union”, “the Executive Head of State is the President of the State” and “ the President shall exercise powers and functions vested in him by the Constitution and other laws”.

In accord with the basic principles and detailed basic principles, administrative duties and rights as the Head of State and the Executive Head of State should be entrusted to the President. In doing so, the division of the powers and functions to be vested in the President should be as follows:

— executive powers and functions he shall exercise on his own initiative

— executive powers and functions he shall exercise on his own initiative and shall seek the approval of the Pyidaungsu Hluttaw

— executive powers and functions he shall exercise only with the approval of the Pyidaungsu Hluttaw.

I would like to explain that the executive powers and functions the President shall exercise on his own initiative involve the matters to be performed in coordination with the Pyidaungsu Government, the respective institutions formed in accord with the Constitution, and the advisers in addition to those exercised on his own initiative.

The National Convention Convening Work Committee has studied the powers and functions invested in the President in accord with the constitutions of the respective world nations. In doing so, the Committee has found the following points:

— constitutions of some nations which entrust the duties of the Head of Government to the President in addition to the duties of the Head of State

—constitutions of some countries in which the President has to assume only the Head of State duties, and the Prime Minister has to undertake Head of Government duties.

The Work Committee also studied the powers and functions entrusted to the President in the 1947 Constitution of the Union of Myanmar and those vested in the Council of State in the 1974 Constitution of the Socialist Republic of the Union of Myanmar.

According to the already laid down basic principles, the President will have to undertake the duties of both the Head of State and the Head of Union Government. Thus, a wide range of necessary powers and functions should be entrusted to the President to enable him to carry out the executive duties speedily and effectively.

Now, I will present a collection of detailed basic principles concerning the duties and functions of the President in connection with the executive sector based on the studies of the Work Committee as follows:

1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with the recommendation of the National Defence and Security Council.

4. The President shall

(a) confer honours and awards

(b) revoke titles, honours and awards.

5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nation, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.

6. The President of the State, in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

7. The President of the State, in accord with law, shall appoint and dismiss heads of bodies of public services.

8. The President of the State, in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw.

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

9. The President of the State shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

10. The President of the State shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.

11. (a) Except State budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(b) If the President has not withdrawn the ordinance issued under sub-para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall call a special session of the Pyidaungsu Hluttaw for approval.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect.

12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

13. The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the gazette.

14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him.

In connection with the clarifications, National Unity Party, one of the seven political parties and one of the delegate groups to the National Convention discussed that according to the forthcoming State Constitution in the Union of Myanmar, the Pyidaungsu Hluttaw is the highest organization.

The fact that The President and the Vice-President shall be responsible to the Pyidaungsu Hluttaw was proper. The President may make a prompt decision on security and defence of the State. In such situation, the decisions should not be made by individual person. Decision through consultation will be exact and right. Therefore the NUP found the formation of National Defence and Security Council led by the President to be proper. In the nations of the world or Myanmar , the Head of State usually grants pardon or amnesty or reduces prison terms. Moreover, amnesty is granted to insurgents to return to the legal fold. The delegate group said the proposals are found to be proper.

Conferring honour and awards to those who do their best performance for the interest of the State helps the citizen to discharge duties for the good of the nation. The titles and awards should be revoked if there was an inappropriate way of life among those who received titles. The delegates found the right to honour and awards the people to be proper. The fact that the President shall coordinate with the National Security Council in connection with diplomatic affairs and immediate actions and he shall seek the approval of the Pyidaungsu Hluttaw concerning the actions taken by him was suitable.

According to the international procedures, the President shall appoint and recall the diplomats of the country and agree on the appointment of foreign diplomats and send information on the recall. The President of the State, in accord with law, shall appoint and dismiss heads of bodies of public services. The NUP found these points to be suitable.

Various countries in the world sign agreements with other nations or those in the regions or member nations of the UN for the good of the respective countries. In some countries the President shall sign or annul agreements with international communities or withdraw from the agreements only with the approval of the respective legislative body. In some countries the President shall carry out these tasks in his own will. As such, the fact that the President shall have rights to do so was proper.

The President of the State shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State. According to the descriptions, it is proper for the President to have rights to inform the citizens of the matters that they should know.

According to the future constitution, there will be a lot of matters to be undertaken with the approval of the Pyidaungsu Hluttaw. If there were some matters to be undertaken immediately when the Pyithu Hluttaw is not in session, there may be some difficulties.

In such situation, the President shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyithu Hluttaw. By doing so, some difficulties can be overcome. The delegates of the NUP found that it was proper. The President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

The ordinance does not cover the State budget matters. The President shall submit the ordinance for approval of the session of the Pyithu Hluttaw within 60 days. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, he President shall call a special session of the Pyidaungsu Hluttaw for approval. The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

They discussed points on taking suitable military action in the face of aggression against the State in coordination with the National Defence and Security Council, formed within the framework of the Constitution and submission of the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session, and it is appropriate to consider the points.

Learning constitutions of global nations, it is found that governments of some nations are to declare war or make peace only with the assent of parliament or Hluttaw. In the 1974 constitution of the Union of Myanmar also, declaration of war and making peace shall have to be carried out with decision of Pyithu Hluttaw. It can be reviewed that as words of declaring war and making peace are very wide and delicate, it is not appropriate to give power to only the President of the State to do so. Therefore, the above-mentioned facts are appropriate to adopt.

The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the gazette. As it should be the duty of the president of the State, there is no more suggestions to give regarding the matter.

The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions.

But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him. The above-mentioned detailed basic principle shows that the President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the existing laws.

However, if necessary, the exemption should not concern with stipulations contained in the constitution in connection with the impeachment made against him. Therefore, these points are appropriate.

More review of proposals by alternate chairmen will be published in dailies to be issued on 8 Dec

YANGON, 6 Dec — Clarifications made by members of Alternate Panel of Chairmen U Ba Han and U Saw Philip (a) U Philip Sam at the plenary session of the National Convention will be published in newspapers to be issued on 8 December.

National Economic Council should be formed with members comprising economy-related ministers led by the President of the State

Dr Ma Nan Tu Ja

YANGON, 6 Dec—The following is the clarification made by member of Alternate Panel of Chairmen Dr Ma Nan Tu Ja on on review of the proposal papers submitted by the delegate groups on laying down detailed basic principles for sharing of executive and judicial powers to be included in the drawing of the State constitution at the second day session of the National Convention held at the Nyaunghnapin Camp, Hmawby Township today.

The Chairman of the National Convention Convening Work Committee stated that as the President is the Head of State, he shall have to perform political, executive, economic and security duties every day. In a country its economy is a fundamental sector that can decide everything.

Therefore, the President needs an organization that can help the State economically. This is why like the formation of National Defence and Security Council, National Economic Council should be formed with members comprising economy-related ministers led by the President of the State.

National Unity Party made suggestions regarding the facts mentioned below.

It was stated that if any of the provisions that cannot be decided by Pyidaungsu Hluttaw are included in an enacted law mentioned in sub-section-(f), these provisions shall be revoked. According to this, the provision does not concern the Region or State Hluttaws shall.

Therefore, amendments should be made to describe that if any of the provisions that cannot be decided by Pyidaungsu Hluttaw and Region and State Hluttaws are included in an enacted law mentioned in accord with the constitution, these provisions shall be revoked.

Union PaO National Organization also suggested that points in duties and functions of the President (point Nos. 1 to 14) included in the executive chapter should be laid down as detailed basic principles.

The delegate group of Mro (or) Khami National Solidarity Organization discussed that the Chairman of NCC Work Committee had already explained the duties and functions of the President of the State regarding delivering speeches at the Hluttaw or to the people, the convening of the Hluttaw, issuing ordinances, the role of the President in the administrative affairs and said that the clarifications of the Chairman of the NCC Work Committee were very appropriate and reasonable.

The delegate group of Lahu National Development Party discussed that the 14 points regarding the duties and functions of the President of the State are appropriate and reasonable, and they should be laid down as detailed basic principles.

The delegate group of Union Kayin League discussed that the 14 points regarding the duties and functions of the President of the State clarified by the Chairman of NCC Work Committee should be laid down as detailed basic principles.

The delegate group of Kokang Democracy and Unity Party discussed that in the State constitution laid down, the Head of State is the President of State, and the Executive Head of State is the President of State.

According to the basic principles laid down, in the Union of Myanmar the President of State is to serve as the Head of State and the Head of the Union Government. The necessary duties and functions should be vested extensively in the President of the State so that he can carry out administrative tasks swiftly and effectively. Only then, will he be able to carry out national development tasks swiftly and effectively in the interest of the State and the people.

As he is the Excetive Head of State, he will have to engage in political, economic and security affairs on a daily basis. There may arise some security and defence matters for him to be addressed in time. In this regard, it would be proper and better to make decision collectively rather than individually.

Therefore, detailed basic principles should be laid down for forming of the National Defence and Security Council led by the President of State so that he serves the duties assigned according to the State constitution or a certain law.

The delegate group of representatives-elect discussed that the attitude of the National Unity Party and Mro (a) Khami National Solidarity Organization was discussed and presented by delegates of Political Parties. Independent delegate Dr Mu Htan of Thantlang Township Constituency of Chin State, Independent delegate U Aung Thein of Ywangan Township Constituency of Shan State and Independent delegate U Tun Kyaw of Namhsan Township Constituency of Shan State (North) supported the clarifications regarding the duties and functions of the President of State made by the Chairman of the NCC Work Committee.

Independent delegates U Tin Win of Constituency-2 of Kyaiklatt Township, U Thein Kyi of Constituency-1 of Taungdwingyi Township, U Hla Soe of Constituency-2 of Taungdwingyi Township, U Mya Hlaing of Constituency-2 of Twantay Township, U Kyi Win of Constituency-1 of Min-galadon Township and U Tin Tun Maung of Constituency-2 of Mingaladon Township included in the delegate group discussed that 14 points clarified by the Chairman of NCC Work Committee as regards the duties and functions of the President should be laid down as detailed basic principles.

Their other suggestions are:

Sub-section (3) and Sub-section (4) of Section (3) are included in the duties and functions of the Union Government.

According to Sub-section (3) The President of the State shall have the right to promulgate the necessary laws for matters to be addressed by the Union Government, for sharing those matters with ministers of the Union Government, and for sharing those matters with the person responsible for addressing them according to a certain law except matters prescribed by the State constitution to be addressed on his own initiative.

Sub-section (4) says, the President of the Sate shall share his duties and responsibilities region-wise or governmental department-wise without harming the general terms of the above-provisions.

The above two sections are concerned with the duties and functions of the President of the State and so, the above two shall be added to the duties and functions of the President of the State as Section (15) and Section (16).

The delegate group of national races discussed that 14 points clarified by the Chairman of NCC Work Committee as regards the duties and functions of the President should be laid down as detailed basic principles.

The delegate group of peasants discussed that in observing the clarifications on the duties and functions of the President made by the Chairman of NCC Work Committee, they found that there are 14 duties and functions vested in the President with regard to duties and functions of the President. Each of the 14 points has been studied and discussed, and it is proper and reasonable that the clarifications have been in conformity with practical life, the President deserves to accept those duties and functions as he is the Head of State, and rights to make decisions for important matters have not been granted to the President only. The President has to discuss and coordinate the matters of importance with the Pyidaungsu Hluttaw. Therefore, 14 points clarified by the Chairman of NCC Work Committee as regards the duties and functions of the President should be laid down as detailed basic principles.

The delegate group of workers discussed that they made a thorough study of the clarifications on the duties and functions of the President made by Chairman of NCC Work Committee U Aung Toe, and they supported them to be laid down as detailed basic principles regarding the duties and functions of the President. The delegate group of intellectuals and intelligentsia discussed that 14 points clarified by the Chairman of NCC Work Committee as the duties and functions of the President should be laid down as detailed basic principles.

The delegate group of State service personnel discussed that 14 points clarified by the Chairman of NCC Work Committee as the duties and functions of the President should be laid down as detailed basic principles.

Other invited delegates group supported the 14 points which should be laid down as detailed basic principles concerning the duties and functions vested in the President.

Source (including pictures) http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_7Dec05.htm