PROCEEDINGS OF THE NATIONAL CONVENTION

18 January 2006

From The New Light of Myanmar 19 January 2006

The Plenary Meeting of National Convention Continues

Delegates from all walks of life are actively participating in the National Convention to lay down detailed basic principles to be included in the constitution People in Shan State (North) support National Convention

YANGON, 18 Jan — A mass meeting in support of the National Convention organized by Shan State (North) Union Solidarity and Development Association was held this morning at Union Sports Ground in Lashio, Shan State (North).

Present were Joint-Secretary and executives of Shan State (North) USDA, secretaries, executives and members of district/township USDAs in Shan State (North), departmental officials, members of War Veterans Organization, Women’s Affairs Organization, Maternal and Child Welfare Association, Red Cross and Auxiliary Fire Brigades, social organizations, nurses and local people. Dr Sai Khin Maung Wah, a Medical Superintendent of Shan State (North) Hospital, presided over the meeting together with Headmistress Daw Sao Tin Mya (Retd), Dr Khin Nan Thi, Headmaster U Nyunt Sein (Retd), Palaung national U Kyaw Yin, Townselders Duwa Zaw Aung and U Loke Yun.

Executive of Kutkai Township USDA Daw Nan Myintzu acted as master of ceremonies and member of USDA Daw Nan Win Nandar Tun as co-master of ceremonies.

Speaking on the occasion, Meeting Chairman Dr Sai Khin Maung Wah said there were disturbances in 1988 and the Tatmadaw Government took the responsibilities of the State.

Since then, the Government has been striving for the development of the State. Thanks to the efforts of the Government, now, the State is on track for development and law and order prevail over it. Meanwhile, the Government is reconvening the National Convention to draft a new enduring State Constitution.

The National Convention was convened in 1993. However, some political groups walked out of the National Convention in 1995 and the National Convention was adjourned.
The Government laid down Seven-Point Road Map and reconvened the National Convention on 17 May, 2004. A total of 1,086 delegates of eight groups participated in the 2004-National Convention. In the National Convention held in 2005, delegates focused matters on detailed basic principles for power sharing of executive and judiciary sectors.

Senior General Than Shwe said that the enduring State Constitution must serve the interests of all national races.

Delegates from all walks of life are actively participating in the National Convention to lay down detailed basic principles to be included in the constitution.

Thanks to the efforts of the Government, we are now witnessing the development of the State.

However, some organizations and nations have been interfering in the internal affairs of the State. In an attempt to hinder the development growth of the State, they imposed economic sanctions and forced organizations to halt their assistance to the State. Their acts are hindrance to the democratization in Myanmar .

Nevertheless, the Government and the people will guard the State against the destructive acts. In an effort to formulate the State Constitution, the Government is reconvening the National Convention phase by phase in accordance with the Seven-Point Road Map. Hence, we all believe in the National Convention and national races are to support the National Convention for the emergence the constitution.

Executive U San Pu of Muse Township USDA tabled a motion in support of the National Convention. He said the National Convention resumed on 5 December 2005. The convention laid down detailed basic principles for sharing of power on legislation in 11 sectors and other five matters after the approval of the delegates. The delegates from all walks of life are striving for the emergence of an enduring constitution step by step. People honour the delegates. Infrastructures developed year after year due to the cooperation of the government, the people and the Tatmadaw. Peace and tranquillity has prevailed in the country. The government and armed groups are participating in regional development tasks in cooperation with the people. Anyone who harms Our Three Main National Causes has to be warded off, he said.

Next, member of Shan State (North) Women’s Affairs Organization education group leader Principal of Lashio Government Computer College Dr Nan Soe Soe Aung seconded the motion.

She said over 100 national races have been residing in the country in unity since time immemorial. She said the Union Spirit is important for national solidarity. Similarly, emergence of an enduring constitution is important for establishment of a modern developed democratic nation. Only when there is an enduring constitution, can a modern democratic nation be built as fast as possible.

After taking up the State duties, the government carried out tasks for peace and tranquillity and social development, introduced market-oriented economic system and built a great number of infrastructures.

She said she honoured the delegates who discussed the basic principles for the constitution.

Next, member of Shan State (North) War Veterans Organization Supervisory Committee Maj Myo Win (Retd) seconded the motion. After taking up the State duties, the government undertook measures for development of economic, social and political sectors. Making peace with national armed groups is a historic achievement.

They are also participating in drafting the constitution as delegates at the National Convention. All the regions in the country have developed on account of the 24 region development project and five rural development tasks. Roads, bridges, hospitals, schools, universities and colleges, dams and reservoirs and water supply projects were built. However, she warned that all the people should be aware of destructive elements.

In conclusion, she said she respected the convention and supported it.

Member Daw Than Than Oo of Lashio Township Maternal and Child Welfare Association seconded the motion saying that the nation really needs a durable constitution. Over 1,000 delegates to the National Convention have reached a certain point in laying down and adopting basic principles and detailed basic principles. The people are glad to see the National Convention laying down principles concerning the rights of women, children, aged persons and disabled persons. The government while endeavouring for all-round national development has been in the process of convening the National Convention for drafting a new constitution.

The government has spent over K 30,000 million and US$ 150 million on the 15-year narcotic drugs elimination plan. According to UNODC and CNC reports there was 80 per cent reduction of poppy cultivation in the nation. Up to now the nation has destroyed US$ 14.6 billion worth of narcotic drugs. It is also cooperating with other countries in launching the anti-narcotics drive.

Veterinary surgeon U Sai Tun Aung of Lashio seconded the motion saying that the nation now produces over 1.2 billion baskets of paddy, enough to feed nearly 80 million people. The nation’s present population is 54 million. In Shan State (North) the government has built two major bridges, 62 small-scale dams, 481 schools, one government computer college and one government technological college, and 464 miles of all-weather roads. Shan State can now produce surplus rice. The people are happy to know that the National Convention has laid down detailed basic principles concerning the peasant’s rights.

The National Convention is the only firm foundation for building a discipline-flourishing democratic nation. The lopsided pressures and slanders are the acts to endanger Our Three Main National Causes. With full Union Spirit, all the people in Shan State (North) unanimously supported the National Convention.

Advocate U Thaung Lwin of Lashio said that the ongoing Nation Convention has adopted the 104 basic principles to be embodied in the Constitution through the common consent of all the delegates. So, the Constitution will bestow more rights to the people, and it will be more perfect and more modern with greater essence than the previous ones.

The constitution will ensure that the future government, state and people will be imbued with Union Spirit as well as the unity of the nation.

The National Convention, the first stage of the State’s seven-point Road Map, is the fundamental factor in drawing an enduring State Constitution. Only when the State Constitution is in force, will it be able to ensure Our Three Main National Causes, the lifeblood of the nation. So, the NC serves as the foundation for future democratic nation.

When the constitution is completed, self-administered areas will have the rights to carry out executive, legislative and judicial proceedings, and have the opportunity to safeguard the interests of local people all the more.

The successful completion of the NC is the aspiration of national races.

In conclusion, he said he wholeheartedly supported the mass meetings that have been held across the nation, and seconded the motion in support of the National Convention.

All the participants expressed unanimous support for the National Convention, and chanted slogans, bringing the mass meeting to an end.

Members of the delegate group of other invited persons support detailed basic principles

YANGON, 18 Jan — The following is a translation of suggestions of Delegate Group of Other Invited Persons submitted to the plenary session of the National Convention by U Aung Myint of Shan State (North) Special Region-2 regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution on 9 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

At the plenary session of the National Convention held on 15 December 2005, the Work Committee Chairman discussed matters related to the detailed basic principles on the legislative functions of the Region or State Hluttaw to be included in the Chapter “Legislature” of the State Constitution.

We members of the delegate group of other invited persons made a careful review about the 23 points carried by the explanation of the Work Committee Chairman.

And we found:

- the principle to fix commencement dates of the Region or State Hluttaw and times for sessions,

- the principles to vest power in the State Peace and Development Council to convene the first session of the Region or State Hluttaw, one point of the Road Map, and to convene sessions for next terms of Hluttaws,

- the principle for members of the Region or State Hluttaw to swear oaths,

- the principle for the Region or State Hluttaw to convene sessions to be held at least in a year,

- the principle on the matters to be carried out at the sessions of the Region or State Hluttaw,

- the principle for the Region or State Hluttaw to convene a special or emergency session,

- the principle on number of members necessary to form quorum for validity of the first session of the Region or State Hluttaw the Region or State Hluttaw,

- the principle on voting, and deciding through voting at the sessions of the Region or State Hluttaw. These points meet our satisfaction.

Moreover, we noticed the principles on absence of Hluttaw members, ensuring validity of decisions of Hluttaws, and public information. We also found:

- the principle to take action against a member who is absent from a session of the Region or State Hluttaw,

- ensuring validity of decisions of the Region or State Hluttaw notwithstanding vacant seats, and a person who is not entitled to attend does so,

- issuing of activities of the Region or State Hluttaw for public information. We also noticed the basic principles on legislature;

- the power of the Region or State Hluttaw to enact laws,

- the principle for the Region or State Hluttaw to take measures in making laws,

- the principles on matters for which the Region or State Hluttaw has to make a decision, seek approval and approve,

- the principle on power vested in the Region or State level bodies to submit matters to the Region or State Hluttaw,

- the principle on the right of members of the Region or State Hluttaw to submit bills to Hluttaws,

- the rights of the Region or State governments to submit regional plans, annual budget, and bills on taxation to the Region or State Hluttaw in accordance with procedures,

- the power vested in Region or State chief minister to issue bills,

- the rights of the members of the Region or State level bodies as well as members of the Region or State Hluttaw to hold discussions according to the Constitution. These points are proper.

Apart from them, we also noticed the principles on duties and rights of the Speaker of the Region or State Hluttaw:

- the duties and rights of the Speaker of the Region or State Hluttaw,

- the right of members of the Region or State Hluttaw to hold discussions, and the power to arrest a member attending a session of the Region or State Hluttaw,

- the principles on reports, documents and records published by the Region or State Hluttaw.

These points have been prescribed exactly for formation of and sharing of powers between the Region Hluttaw and the State Hluttaw or between Region government and State government.

So, we members of the delegate group of other invited persons would like to express our stance that these detailed basic principles should be adopted.

I would like to read out the detail basic principles:

Region or State Hluttaw

1. (a) The day the term of Region or State Hluttaw comes into force is that of the Pyithu Hluttaw

(b) The first regular session of Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw

2. (a) The State Peace and Development Council shall convene the first regular session of Region or State Hluttaws after the Constitution has come into force

(b) The Speaker of Region or State Hluttaw who continues to perform his duties in accordance with the provisions of the Constitution shall convene the first regular session for the next terms of Region or State Hluttaw

3. (a) Members of Region or State Hluttaws shall take oaths before the chairman of Region or State Hluttaw at the first regular session of Region or State Hluttaw.

(b) Members of Region or State Hluttaw who have not taken oaths, shall take oath before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend

4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5. The following matters are carried out at the session of the Region or State Hluttaw.

(a) Recording the address delivered by the Union President

(b) Reading out and recording messages sent by the President and other messages permitted by the Speaker

(c) Recording the address delivered by region or state chief minister

(d) Submitting, discussing and making decision on a bill

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accordance with provisions of the Constitution and the existing laws

(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw

(g) Submitting proposals, holding discussions and making decisions

(h) Raising questions and giving replies

(i) Implementing matters permitted by Speaker of Region or State Hluttaw

6. (a) Speaker of respective Region or State Hluttaw can convene special session or emergency session of Region or State Hluttaws if necessary.

(b) Speaker of respective Region or State Hluttaw shall convene a special or emergency session of region or state as soon as possible when the Region or State Chief Minister informs to do so

(c) Speaker of respective Region or State Hluttaws shall convene a special session of region or state as soon as possible if at least one-fourth of the Region or State Hluttaw members ask to convene it

7. (a) The first day session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw, are present. The session if invalid shall be adjourned.

(b) The sessions that are adjourned due to invalidity in accordance with the sub-para (a) as well as the valid sessions that are extended are valid if at least one-third of the Hluttaw members, who have the right to attend a session of Region or State Hluttaw are present

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting

(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes

9. If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. In computing the said period of 15 days,, no account shall be taken of any period during which the session is prorogued, or is adjourned.

10. Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

11. The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.

12. Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution

(2) authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law

(b) The bylaws, rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) after issuing a bylaw, rules or regulations under the law enacted by Region or State Hluttaw, the organization concerned shall circulate the bylaw, rules or regulations to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangement permitted by the Hluttaw Speaker.

(d) If the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the by law, rules or regulations to Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by Region or State Hluttaw to annul or amend a bylaw, rules or regulations, the decision shall not affect however without prejudice to the validity of any action previously taken under the bylaw, rules or regulations.

14. (a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows.

(1) If the Region or State Hluttaw is in session, the matter shall be decided at that session.

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session

(3) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.

(b) Bills on region or state plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accordance with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.

17. Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.

18. (a) The Region or State Chief Minister shall

(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it as a law, within 14 days after receiving it.

(b) Although the Region or State Chief Minister does not sign the bill and promulgate it as a law with the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.

(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the Union Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention are expressed.

19. (a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions

(b) Of the members of a region or state level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of Hluttaw Speaker shall have the right of discussing concerning bills or matters related to their organizations

20. The Speaker of Region or State Hluttaw shall—

(a) supervise Region or State Hluttaw sessions

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session

(c) make necessary arrangements when the Region or State Chief Minister informs him of his desire to address he wishes

(d) have the right, if necessary, to invite members or persons of region or state level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion

(e) perform other duties and responsibilities entrusted by the Constitution or a law

21. (a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions, a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(b) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members or persons who are permitted or invited to attend Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges
22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or an organization formed by the Region or State Hluttaw attending a session of the committee or organization, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or organization concerned. He shall not be arrested without prior permission of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of Region or State Hluttaw or committee or organization formed by the Hluttaw while the Hluttaw or the committee or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.

We have discussed the matters on the explanation of the Chairman of the National Convention Convening Work Committee regarding the detailed basic principles for the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw.

In conclusion, I would say the detailed basic principles have been laid down to avert entrusting of State power to an individual or organization and possible future disputes, and to specifically designate the systems to communicate and deal between the President and the Pyidaungsu Hluttaw as well as between the Pyidaungsu Hluttaw and the Pyithu Hluttaw and the Amyotha Hluttaw. That will help our nation avoid possible future disputes and guarantee national solidarity. So, we members of the delegate group of other invited persons support these detailed basic principles.
 

Delegate Groups hold meetings to compile proposals

YANGON, 18 Jan— Delegate Groups of the National Convention —Delegate Group of Political Parties, Delegate Group of National Races, Delegate Group of Workers and Delegate Group of State Service Personnel — held their group meetings at designated halls of Nyaunghnapin Camp in Hmawby Township today.

Delegate Group of Political Parties

The Delegate Group of Political Parties held its meeting at the hall-1 this morning. U Tun Yin Law of National Unity Party presided over the meeting. Deputy Director U Khin Maung Phyu and Assistant Director U Khin Sein of Work Group-3 of the National Convention Convening Work Committee acted as MCs.

The master of ceremonies announced the validity of the meeting as 26 delegates out of 28 attended the meeting accounting for 92.86 per cent. First, meeting chairman U Tun Yin Law delivered a speech.

Next, U Tun Yi of National Unity Party and U Khin Maung Thein of Mro (or) Khami National Solidarity Organization, presented proposals of their parties on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting ended with concluding remarks by the meeting chairman.

Delegate Group of National Races

The Delegate Group of National Races held its meeting at the Pyidaungsu Hall. The meeting was presided over by Duwa Zoat Doung of Shan State (North) together with members of the panel of chairmen U Kyaw Din (a) U Htay Rei of Kayah State and U Maung Hla (a) U Hla Myint of Taninthayi Division.

Deputy Director U Than Tun and Assistant Director U Tin Maung Oo of Work Group-5 of the National Convention Convening Work Committee acted as MCs.

The master of ceremonies announced the validity of the meeting as 623 delegates out of 644 attended the meeting accounting for 96.74 per cent.

The meeting was opened with an address by meeting chairman Duwa Zoat Doung.

Next, U Tun Thwe of Rakhine State, Daw Khin Aye Maw of Yangon Division, Daw Tin Tin Ohn of Shan State (North) and U Thein Tun of Mandalay Division presented proposals on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting ended with concluding remarks by the meeting chairman.

Delegate Group of Workers

The Delegate Group of Workers held its meeting at the Hall-5. The meeting was presided over by U Kyaw Win Tun of Mandalay Division together with members of the panel of chairmen U Khin Maung Aye of Sagaing Division and U Bo Thein of Shan State (East).

Deputy Director U Zaw Win and Assistant Director U Aung Win of Work Group-7 of the National Convention Convening Work Committee acted as MCs.

The master of ceremonies announced the validity of the meeting as 46 delegates out of 47 attended the meeting accounting for 97.87 per cent.

The meeting was opened with an address by meeting chairman U Kyaw Win Tun.

Next, Daw Aye Aye Thaung of Pathein Township of Ayeyawady Division, U Kyaw Hlaing of Myeik Township of Taninthayi Division and U Kyaw Mya Aung of Shwepyitha Township of Yangon Division presented proposals on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting chairman sought the approval of those present on the proposal and approved the proposal. The meeting ended with concluding remarks by the meeting chairman.

Delegate Group of State Service Personnel

The Delegate Group of State Service Personnel held its meeting at the Hall-7. The meeting was presided over by U Hla Tin of the Ministry of Commerce together with members of the panel of chairmen Maj-Gen Aung Thein of the Ministry of Defence and U Arnt Maung of the Ministry of Religious Affairs. Deputy Director U Htay Win and Assistant Director U Htein Min of Work Group-9 of the National Convention Convening Work Committee acted as MCs.

The master of ceremonies announced the validity of the meeting as 106 delegates out of 109 attended the meeting accounting for 97.25 per cent.

The meeting was opened with an address by meeting chairman U Hla Tin.

Next, U Khin Maung Oo of the Ministry of Foreign Affairs, U Myint Tun of the Ministry of Social Welfare, Relief and Resettlement and Daw Nyunt Nyunt Shwe of the Ministry of National Planning and Economic Development presented proposals on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting chairman sought the approval of those present on the proposal and approved the proposal.

The meeting ended with concluding remarks by the meeting chairman.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2018.htm