PROCEEDINGS OF THE NATIONAL CONVENTION

7 December 2005

From The New Light of Myanmar 8 December 2005

The Plenary Meeting of National Convention Continues (7-12-2005)

Plenary Session of the National Convention continues at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township

YANGON, 7 Dec — With the six objectives of the National Convention — non-disintegration of the Union, non-disintegration of national solidarity, perpetuation of sovereignty, flourishing of a genuine multiparty democracy system, further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality and for the Tatmadaw to be able to participate in the national political leadership role of the State— 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 commission 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 and officials of Sub-committees, 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 States, 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 State (South), Shan State(North), Shan State(East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia and delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine States, Shan State (South), Shan State(North), Shan State(East), 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, 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 and delegates of national race groups who exchanged arms for peace.

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.

Dr Manan Tu Ja of Delegate Group of Other Invited Persons presided over the meeting together with U Ba Han of NCCWC, U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Law Hsin Kwan of Delegate Group of Representatives-elect, Duwa Zoat Dong of Delegate Group of National Races, U Kyi Tint of Delegate Group of Peasants, U Bo Thein of Delegate Group of Workers, Dr Thein Nyunt (Nyunt Wai-Katha) of Delegate Group of Intellectuals and Intelligentsia and Dr Myat Myat Ohn Khin of Delegate Group of State Service Personnel.

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 commencement of the meeting with the permission of the meeting chairman as 1070 out of 1080 delegates were present, accounting for 99.44 per cent.

Next, Member of the Alternate Panel of Chairmen U Law Hsin Kwan presented proposals submitted by delegates groups to the National Convention regarding detailed basic principles to be laid down for sharing and distribution of power in executive and judicial sectors to be included in writing the State Constitution.

Afterwards, Member of the Alternate Panel of Chairmen Duwa Zoat Dong presented 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 executive and judicial sectors to be included in writing the State Constitution.

Next, Member of the Alternate Panel of Chairmen U Kyi Tint presented 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 executive and judicial sectors to be included in writing the State Constitution.

The Plenary Session of the National Convention went into recess at 9.50 am.

The Plenary Session of the National Convention continued at 10.15 am. Member of the Alternate Panel of Chairmen U Bo Thein presented 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 executive and judicial sectors to be included in writing the State Constitution.

Next, Member of the Alternate Panel of Chairmen Dr Thein Nyunt (Nyunt Wai-Katha) presented 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 executive and judicial sectors to be included in writing the State Constitution.

After that, the plenary session went into recess at 11.15 am.

The plenary session continues on 12 December.

As administrative functions of the State are very huge and broad, Union Government needs necessary authorities in practising executive power

YANGON, 7 Dec — The following is the clarification made by member of the Panel of Chairmen U Ba Han 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 National Convention held at the Nyaunghnapin Camp, Hmawby Township, yesterday.

The Chairman of the National Convention Convening Work Committee stated that detailed basic principles had been laid down in the previous plenary sessions of the National Convention. “The Executive Head of the State is the President of the State”, “the Union of Government of the State shall be formed with the President of the State, Vice-Presidents, Union Ministers, and the Attorney-General of the Union”, “the executive power of the State is distributed among the Pyidaungsu, regions and states.”; and “Self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution.”

In line with the detailed basic principles already laid down, it is necessary to distinguish the executive power of the Union Government from that of the region or state governments. Likewise, the self-administrative power of the self-administered area leading bodies should also be distinguished.

At the outset, I would like to present the Work Committee’s assessment concerning the executive power that should be vested in the Union Government, and the duty and rights relevant to that power.

According to the detailed basic principles already laid down, the Head of State, who is the President of the State, shall lead the Union Government.

This being the case, the Union Government should be vested with a variety of executive powers, and the duty and rights relevant to these powers.

I will now sort out the detailed basic principles that should be adopted in connection with the Union government that shall be included in the executive sector of the Constitution.

1. Subject to the provisions of the Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

2. Subject to the provisions of the Constitution, the executive authority of the Union, shall be vested in the President; but nothing in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned, or any other person in authority concerned by existing laws.

3. (a) All executive action taken by the Union Government shall be expressed as done in the name of the President.

(b) Orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. In addition, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it was not done by the President.

(c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be region-wise as well as subject-wise.

4. The Union Government uphold and maintain stability, peace, and the prevalence of law and order in the country.

5. The Union Government shall lay down its policies in accord with the stipulations contained in the Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.

6. Based on annual budgets of the Union, drawn after coordinating with the Financial Commission, the Union Government shall draft the bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in line with the stipulations contained in the Constitution for approval.

7. The Union Government shall have the right to use the funds within the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year.

8. The Union Government shall submit the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within the framework of the provisions of the Constitution, and shall submit it to the Pyidaungsu Hluttaw.

9. The ministries of the Union Government shall manage, guide and supervise their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of the Constitution and the existing laws.

10. The Union Government cooperates and coordinates with the region government, the state government, and the self-administered area leading body to enable them to effectively and successfully carry out their tasks.

11. The Union Government, save constitutional disputes and the disputes over the re-delineation of territorial boundary, shall —

(a) cooperate, coordinate and make decisions if necessary on disputes over administration between regions and states; among regions; among states; between regions or states and self-administered areas; and among self-administered areas; and

(b) cooperate, coordinate and solve the disputes over administration between regions or states and Union territories and between self-administered areas and Union territories; and make decisions if necessary.

12. The Union Government, in accordance with law, shall —

(a) constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

13. The Union Government shall —

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the State to the Pyidaungsu Hluttaw on an occasional basis.

National Unity Party among seven political parties of the Delegate Group of Political Parties discussed that the Chairman of the National Convention Convening Work Committee invited suggestions related to his clarification on 13 points of detailed basic principles if it should be adopted in connection with the Union Government that shall be included in the executive sector of the Constitution.

Governments of various countries adopt duties and rights concerning executive power to be able to achieve success and to stretch out governments’ authorities in implementing the functions of administration.

Daily movements of people in any country are related to administration. As administrative functions of the State are very huge and broad, Union Government needs necessary authorities in practising executive power. Hence, clarification of the Chairman of NCC Work Committee as regards the duties and functions of the Union Government should be laid down as detailed basic principles.

Furthermore, they gave a separate suggestion that at No 7 point of the clarification of the NCC Work Committee Chairman, the Union Government shall have the right to use the funds within the framework of the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year. It is very important that of Pyidaungsu Hluttaw should enact the Union budget law in time, and only then should an exception be permitted in a unavoidable situation. Therefore, No 7 point of the clarification should be added as follows:-

The Union Government shall strive to enact its Union budget law before the end of fiscal year. If the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill in time, the Union Government shall have the right to use the funds within the framework the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw.

Union Pa-O National Organization discussed that from 1 to 13 points clarified by the Chairman of NCC Work Committee as regards executive power of the Union Government should be adopted as detailed basic principles.

Mro (or) Khami National Solidarity Organization also made discussions that the Chairman of NCC Work Committee made clarification on 13 points concerning Union Government to be included in the executive sector of the State Constitution, based on findings and reviews. Therefore, these proper and reasonable points should be adopted as detailed basic principles.

Lahu National Development Party discussed that a total of 13 points concerning the executive power of the Union Government clarified by the Chairman of NCC Work Committee should be laid down as detailed basic principles.

Union Kayin League also submitted its discussions on 13 points concerning the executive power of the Union Government to be included in the executive sector of the State Constitution clarified by the Chairman of NCC Work Committee should be laid down as detailed basic principles.

Kokang Democracy and Unity Party made discussions. With regard to the executive power of the Union Government, “the executive power of the State is distributed among the Pyidaungsu, regions and states.”; and “Self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution.” had been adopted as detailed basic principles. In this regard, the clarification of the Chairman of the NCC Work Committee were very appropriate and reasonable.

Duties and functions of the Union Government were described as adoption of the Government’s policies in line with the State Constitution by taking measures on peace and stability and prevalence of law and order of the nation, controlling duties and functions discharged by departments and organizations of the ministries of the Union Government in accord with the State Constitution, performing of management, guidance and supervision, making coordination and setting of disputes on administration between Region and State, among regions, among states, between region or state and self-administered area, and among self-administered areas. Therefore, findings and observation of the NCC Work Committee that related to executive power of the Union Government to be included in the executive sector are proper and reasonable.

Wa National Development Party discussed that 13 points clarified by the Chairman of NCC Work Committee should be laid down as detailed basic principles.

Among the eight delegate groups, the group of representatives-elect submitted four proposal papers. Political parties included in the delegate group of political parties have discussed attitudes of delegates of National Unity Party and Mro (or) Khami National Solidarity Organization. It is found that respective delegates have also made the same discussion.

Independent representative-elect Dr Hmu Htan of Thangtlan township constituency in Chin State, Independent representative-elect U Aung Thein of Ywangan township constituency in Shan State and Independent representative-elect U Tun Kyaw of Namhsan township constituency in Shan State (North) supported the clarification of the chairman of the National Convention Convening Work committee regarding executive power of the Union Government.

U Tin Win of Kyaiklat constituency-2, U Thein Kyi of Taungdwingyi township constituency-1, U Hla Soe of Minbu township constituency-2, U Mya Hlaing of Twantay township constituency-2 and U Tin Maung Tun of Mingaladon township constituency-2 also supported that thirteen points in executive power of the Union Government is appropriate to adopt as a detailed basic principle. Similarly, the delegate group of national races, delegate group of peasants, delegate group of workers, delegate group of intellectuals and intelligentsia and delegate group of State service personnel seconded the 13-point executive power of the Union Government. In addition, delegate group of intellectuals and intelligentsia separately suggested that in the Union budget law (draft), an individual fund should be set up for emergency cases.

The group of other invited delegates said they had learnt clarification and reviews of the chairman of the Work Committee regarding the executive power of the Union Government and they supported all points as they are appropriate to be adopted.

The region or state government is vested with power in accord with policies and guidelines laid down by Union government for the interest of the State and the people

YANGON, 7 Dec — The following is the clarification made by member of Panel of Chairmen U Saw Philip (a) U Philip Sam on collections of the proposal papers 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 yesterday.

At the National Convention Plenary Meeting held on 7 March 2005, Chairman of the National Convention Convening Work Committee said: The previous plenary sessions of the National Convention have laid down the detailed basic principles concerning “Formation of Executive” and in the detailed basic principles state the formation of the Union government, and the formation of the region or state governments. Concerning the distribution of the executive power, a detailed basic principle—the executive power of the State is distributed among the Union, regions and states — has already been laid down. I have already explained the study of the Work Committee in connection with the matter for the delegates to hold discussions and make suggestions to lay down detailed basic principles regarding the executive power and functions of the Union Government in accord with the already-laid-down detailed basic principle.

Now, I will continue to present the study of the Work Committee on the distribution of the executive power to the region or state governments.

Concerning the formation of the region or state governments, the following detailed basic principles have already been laid down:

“Region government is formed in every Region, and State government is formed in every State.” and Region or state government is formed with the following persons:

(a) Chief Minister of region or state

(b) Ministers of region or state

As powers and functions have been vested in the Union Government, so also the authority and rights should be delegated to the region or state governments. The Union Government has the right to exercise in the entire Union the executive powers and functions vested in it. Thus, the region and state governments should be delegated with the authority and duty to exercise within their territory.”

“I will now sort out the detailed basic principles that should be adopted in connection with the executive authority vested in the region or state government and the powers and functions relevant to that authority.

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.

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 the region or the state government will have to implement the long-term, short-term, annual plans and work programmes on economic, social, education, health, development affairs and transport matters.

The region or the state government is to make efforts for development of the respective regions and the states in cooperation with the Union government. If the region or the state government carries out the tasks separately, considerable success will not be achieved as it should be.

Plans and work programmes can fully be realized through cooperation and coordination among the region or the state government and the Union government. Therefore, the points on the distribution of the executive power to the region or state governments presented by Chairman of the Work Committee are appropriate to be the basic principles.

The NUP also suggested that it is important for the region or the state government to prescribe the budget bill in time. In conformity with the suggestion on authority of the Union government, the point No 5 should be substituted with the following expression.

The region or state hluttaw is to make efforts for passing the bill on the budget of the region or state submitted by the region or state government concerned before the end of fiscal year. Only when the region or state hluttaw cannot pass the bill on the budget in time, 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.

The delegate groups of Union Pa-O National organizations discussed that from points No 1 to 10 of executive power of the region or state government presented by the Work Committee should be laid down as detailed basic principles.

The delegate groups of Mro (or) Khami National Solidarity Organization discussed that the ten points in connection with executive power of the region or state government presented by Chairman of the Work Committee were proper and they should be laid down as the basic principles.

The Lahu National Development Party supported all the points regarding executive power of the region or state organization presented by Chairman of the Work Committee.

Union Kayin League discussed duties and rights in connection with executive power of the region or state government presented by Chairman of the Work Committee. These points should be laid down as the detailed basic principles.

Kokang Democracy and Unity Party reported that executive matters that the Union government will take charge of and implement include in the Union Legislative List. And similarly executive matters that the region or state government will take charge and implement include in the State Legislative List.

The KDUP found that the Union government is to lay down policies and guidelines in the interest of the State and the people and the region or state government exercising the rights vested is to implement the tasks successfully.

The region or state government is vested with the power in accord with the policies and guidelines laid down by the Union government in the interest of the State and the people. The clarifications of the Work Committee were suitable.

The Wa National Development Party reported that the region or state government and the self-administered division or the self-administered zone leading bodies are bridges that link the Union government and the entire people.

The Union government shall provide assistance for successful implementation of the tasks such as stability of the State, community peace and tranquillity, the rule of law, economic, social and transport sectors and is responsible for that. It is necessary for the region or state government and the self-administered division or the self-administered zone leading bodies to prescribe duties and rights in order to drive administrative machinery in the respective regions with greater momentum for perpetuation of the already-built national solidarity.

The clarifications of the Work Committee regarding duties and rights in connection with executive power of the region or state government were natural and Points 1 to 10 should be laid down as detailed principles.

Representatives-elect group, one of the eight delegate groups, submitted four proposal papers. Political parties discussed the attitudes of delegates of National Unity Party and Myo (or) Khami National Solidarity Organization.

Dr Hmu Thang, independent representative-elect of Thantlang Township constituency of Chin State, independent representative-elect U Aung Thein of Ywangan Township constituency of Shan State, independent representative-elect U Tun Kyaw of Namhsan Township constituency of Shan State (North) supported the clarifications by the chairman of NCCWC on executive powers of the region or the state government.

U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win and U Tin Tun Maung of Mingaladon Township constituency- 1 and 2, who are independent representative-elects, supported the discussions on powers of the region or the state government of the chairman of NCCWC were complete and proper.

Source (with pictures) http://www.myanmar.gov.mm/digest/News-2005/Dec05/Dec08.html