National Convention continues Suggestions on the amendments, the additions, the repeals and the transfer presented

Yangon, 14 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, here, at 9 am today.

Delegates of the respective delegate groups presented suggestions on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

Present on the occasion were members of the National Convention Convening Commission, members of the National Convention Convening Work Committee, members of the National Convention Convening Management Committee, chairmen and officials of sub-committees, delegates of political parties such as National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General's Office, the Auditor-General's Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and the State service personnel of the respective ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) Breakaway (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People's Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Seik Chan Group that had exchanged arms for peace.

At 7.30 am, before the plenary session of the National Convention, members of NCCC, NCCWC and NCCMC, chairmen of the respective subcommittees and members, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of intellectuals and intelligentsia, delegates of workers, delegates of service personnel and other invited delegates signed in the attendance books at Pyidaungsu Hall and the recreation hall for National Convention delegates.

At the plenary session, U Myo Thant (Maung Hsu Shin) of NCC Work Committee presided over the meeting together with U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-Elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia, U Tin Kha of Delegate Group of State Service Personnel and Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons as members of the panel of chairmen.

Director U Than Aung of the NCC Work Committee Office acted as MC and Deputy Director U Aung Kyi as co-MC. The MC declared the start of the meeting with the permission of the chairman as 1047 out of 1071 delegates were in attendance, accounting for 97.76 per cent.

First, U Thet Wai said that the suggestion of National Unity Party on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention to be presented was the same as the suggestion presented by U Tun Yi of National Unity Party on 13 August 2007 and to save the time, he would not present it and handed over it to the panel of chairmen.

Next, U San Tha Aung said that the suggestion of Mro (or) Khami National Solidarity Organization on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention to be presented was the same as the suggestion presented by U Sein Tun of Mro (or) Khami National Solidarity Organization on 13 August 2007 and to save the time, he would not present it and handed over it to the panel of chairmen.

Afterwards, U Aung Thein read out the suggestion jointly compiled by Independent Representatives-elect of Delegate Group of Representative-Elect Dr Hmu Htan, U Aung Thein and U Tun Kyaw on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

(The suggestion is reported separately.)

Later, U Hla Soe and U Thein Kyi read out the suggestion jointly compiled by Independent Representatives-elect of Delegate Group of Representative-Elect U Tin Win, U Thein Kyi, U Hla Soe, U Mya Hlaing, U Kyi Win and U Tin Tun Maung on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention. The Plenary Session of the National Convention took a break at 10.05 am.

(The suggestions will be published.)

When the Plenary Session of the National Convention resumed at 10.20 am, U Than Oo and Daw Nan Khin Hmwe read out the suggestion of Delegate Group of National Races on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

(The suggestion will be published.)

Next, U Than Shwe read out the suggestion of Delegate Group of Peasants on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention. The Plenary Session of the National Convention went into recess at 10.30 am.

(The suggestion will be published.)

The Plenary Session of the National Convention continues at 9 am tomorrow at the Pyidaungsu Hall.

The President of the State shall exercise relaxation of stipulation on age limit

Yangon, 14 Aug - The following is the suggestions of three Independent Representatives-elect on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

Esteemed chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the Work Committee, the chairman and members of the Management Committee, and delegates,

I am Independent Representative-Elect U Aung Thein of Ywangan Township Constituency in Shan State (South). I extend my warmest greetings to you Mr Chairman and responsible persons and delegates, and may you be all blessed with physical and mental well-being.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman clarified the basic principles and detailed basic principles that should be amended, added or repealed among the basic principles and detailed basic principles the National Convention has adopted. Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Tun Kyaw of Namhsan Township Constituency in Shan State (North) and I thoroughly studied the explanation of the Work Committee chairman, and held discussions. I would like to present our proposal paper that is based on our findings.

Mr Chairman,

The plenary session held on 16 September 1993 laid down 104 State fundamental principles for Chapter State Fundamental Principles to be included in the State Constitution. Based on these fundamental principles, detailed basic principles were laid down for the remaining chapters. The State will have to carry out legislative and executive duties in accordance with these basic principles taking into consideration the prevailing situations of the nation. If there is a lawsuit filed against the government taking advantage of the fact that the government has not completed the procedures because the time is not ripe yet, there will be disruption to the operation of legislative and executive machinery. In order to avert such undesirable situation, there must be a detailed basic principle to protect the State. In this regard, Section 32 of Chapter 4 of 1947 constitution and constitutions of some neighbouring countries also prescribe so. Therefore, the expression The application of these principles shall be the care of the State but not be enforceable in any court of law should be added to the para 3 of Chapter General Provisions and it should be adopted as a detailed basic principle.

Mr Chairman,

The plenary session held on 27 October 2006 adopted the detailed basic principles for Chapter Citizenship, Fundamental Rights and Duties of Citizens. In the Chapter, the 50th point says In this Chapter, the term State means a body that exercises legislative and executive powers according to this Constitution as the context may require. According to the expression in this detailed basic principle, it is just for the term State prescribed in Chapter Citizenship, Fundamental Rights and Duties of Citizens

The term State is also prescribed many times in Chapter (1) State Fundamental Principles?. This expression is prescribed in Section 9 of Chapter 2 of 1947 Constitution and the constitutions of some neighbouring countries. The legislative and executive powers are exercised in line with the State Constitution, but sometimes they may be practised for personal affairs. If so, there may be some problems on the State Constitution. In order to avoid such an undesirable problem, a complete detailed basic principle should be adopted now. Therefore, the detailed basic principle should be In this Chapter and Chapter 1 State Fundamental Principles', the term State means a body or a person that exercises legislative and executive powers according to this Constitution as the context may require.

Mr Chairman,

At the plenary session held on 30 March 1996, matters for Formation of Legislature were explained. Regarding the qualifications of the Union Chief Justice and the judges of the Union High Court, it was said that have practised law as the advocate for at least 20 years. However, the words at least were not contained in the expression for the qualifications set for the chief justices of the High Court of Region or State and the judges of the High Court of the Region or State. In order to ensure contextual uniformity in drafting the State Constitution, and avoid possible disputes in future, the expression prescribed in para 11 (c) (ii) a person who has served as advocate for 15 years  should be a person who has served as advocate for at least 15 years.

Mr Chairman,

At the plenary session held on 16 September 1993, detailed basic principles for Chapter State Fundamental Principles were laid down. In that regard, para (b) sub-para (4) mentions flourishing of a genuine multiparty democracy system, para (c) mentions the State practises genuine multiparty democracy system, and para 28 mentions the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system. However, Para 2 (a) of Chapter Political Parties says A political party shall accept and practise discipline-flourishing genuine multiparty democracy. I would say the expression should be discipline-flourishing genuine multiparty democracy to make known to all that the type of democracy the Union of Myanmar will practise in the near future is not only genuine but also discipline-flourishing, and to ensure contextual uniformity in drafting the State Constitution. Therefore, the expression genuine multiparty democracy system contained in sub-para 4 of para (b), para (c) and para 28 should be discipline-flourishing genuine multiparty democracy system?.

Mr Chairman,

Of the detailed basic principles laid down at the plenary session held on 16 September 1993, the term Pyidaungsu Taya Hluttaw (Supreme Court of the Union) was prescribed in the sub-paras 1, 2 and 3 of para (i) concerning judiciary. However, the term is prescribed as Pyidaungsu Taya Hluttawgyoke in paras from 1 to 9 of Formation of Judiciary, and in paras 1, 2 and 8 of the sharing of judicial power. In order to differentiate from the expression Taya Hluttaw (High Court) used in Region High Court and State High Court, to avert possible disputes in future, and to ensure contextual uniformity in drafting the State Constitution, the expression should be Pyidaungsu Taya Hluttawgyoke.

Therefore, the term Pyidaungsu Taya Hluttaw in the sub-paras (a), (b) and (c) of para 9 of the Chapter State Fundamental Principles should be substituted with the term Supreme Court of the Union.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996 adopted the detailed basic principles for the formation of executive including sub-para (h) of para 22 which states The President of the State may exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self-administered division or self-administered zone or Hluttaw representatives elected to undertake the affairs of national races?. According to sub-para (h) of para 22, in appointing Region or State Ministers, the okkahta of the self-administered division or self-administered zone, or Hluttaw representatives elected to undertake the affairs of national races, a person may possess all qualifications set for a hluttaw member. However, he may be under 35, regarding the age limit of 35 years for a Region or State minister.

Moreover, sub-para (h) of para 22 states The President of the State may exercise relaxation of stipulation on age limit. So, this also means the President of the State will not exercise relaxation of stipulation on age limit if he does not want to. So, in order to make comprehensible the essence of the expression and to avoid possible dispute on the State Constitution in future, sub-para (h) of para 22 should be The President of the State shall exercise relaxation of stipulation on age limit.

Mr Chairman,

To ensure clear and comprehensible expressions in drafting the State Constitution with respect to the responsibility of the Advocate-General of the Region or State prescribed in the Formation of Executive, and the responsibility of the Auditor-General of the Region or State:

sub-para (f) of para 28 should be:

The Advocate-General of the Region or State is responsible:

(1) to the President of the State through the Chief Minister of the Region or State concerned,

(2) to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned, and sub-para (e) of para 31:

The Auditor-General of the Region or State is responsible:

(1) to the President through the Chief Minister of the Region or State concerned,

(2) to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned?.

Mr Chairman,

The State Constitution is the basic law of the laws of a country. So, the provisions of the State Constitution are to be followed constantly. The National Convention laid down a detailed basic principle for Formation of Legislature. That is:

(a) the Hluttaw formed with Hluttaw representatives elected on the basis of population and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services shall be known as Pyithu Hluttaw,

(b) the Hluttaw formed with Hluttaw representatives elected in equal numbers from regions and states and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services shall be known as Amyotha Hluttaw.

Mr Chairman,

If the Pyithu Hluttaw was termed as the Hluttaw formed with Hluttaw representatives elected according to the population, the electing of Pyithu Hluttaw members will have to be based on the population only. If the State Constitution prescribes an expression ?shall elect Pyithu Hluttaw members based on the population, it will not be possible to elect a hluttaw member from each township. In the Union of Myanmar, there is a population gap between one township and another, but in almost all townships, people of various national races live. A greater number of people of national races can enjoy opportunity to be Pyithu Hluttaw members if hluttaw members are elected by designating constituencies based on the population.

Therefore, the designation of Pyithu Hluttaw constituencies should be based on township as well as population so that the initial objectives will work more beautifully.

If the number of townships is more than 330 due to the establishment of new townships, a new one should be combined with a suitable adjacent township to form a constituency. Thus, to ensure an enduring principle, regarding the formation of Pyithu Hluttaw, the point:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of township as well as on the basis of population from constituencies designated in accord with the law after combining a newly formed township with one of the suitable townships adjacent to it if the total number of townships exceeds 330,

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services? should be adopted as a detailed basic principle.

Mr Chairman,

The expression inclusive of Union territories in paras (a) and (b) regarding Formation of Amyotha Hluttaw was included in the present states and divisions, and they have been designated as Union territories and the areas proclaimed by the Pyidaungsu Hluttaw as Union territories because of their significant characteristics after the promulgation of this Constitution. The word the respective should be added to the word Union territories for the usage to be more precise. Therefore, the points:

Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of the respective Union territories, and including one representative from each self-administered division or self-administered zone

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of the respective Union territories.

(c) In forming the Amyotha Hluttaw in accord with the sub-paras (a) and (b), the words the respective Union territories mean Union territories designated by this Constitution and Union territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning the matter to elect Amyotha Hluttaw representatives are inclusive in the state or division or the region or state they are included in? should be adopted as detailed basic principles.

Mr Chairman,

Regarding the designation of Union territories, the National Convention plenary session held on 9 April 1994 laid down detailed basic principles:

5. Designation of Union territories,

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

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

Internationally, the city where the office of the central government is based is designated as the capital of the State. And in some countries, the capitals are placed under direct administration of the President or the central government. Now, the government of the Union of Myanmar and the offices of the central governments are based in Nay Pyi Taw. So, the capital of the State is Nay Pyi Taw. Therefore, need arises to amend the words Yangon City, that is the Capital of the Union prescribed in one of the three above-mentioned detailed basic principles. The designation of Yangon as a Union territory under the direct administration of the president should be revoked. Therefore, regarding the designation of Union territories,

5. Designation of Union territories,

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

(b) if need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws should be adopted as detailed basic principles.

Mr Chairman,

Of the detailed basic principles the plenary session held on 1 August 2007 for Chapter State Flag, State Seal, National Anthem and the Capital, para 2 says The capital of the State is Nay Pyi Taw.

So, of the detailed basic principles adopted from 28 to 30 March 1996, the term Capital Yangon prescribed in the detailed basic principles on administration of Capital Yangon, a Union territory, prescribed in para 35 and the detailed basic principles on designation of the status of the Chairman and members of Yangon Council prescribed in para 36 of the detailed basic principles should be replaced with the term Nay Pyi Taw.

And the term Chairman of Yangon Council prescribed in sub-para (c) 6 of para 16 of detailed basic principle for Formation of Financial Commission should be replaced with the term Chairman of Nay Pyi Taw Council.

Sub-para 4 (a) of para 6 says, With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township should be amended as With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

Mr Chairman,

In conclusion, we would say we find appropriate the Work Committee chairman's proposal to seek the approval of the National Convention to draft as necessary the State Constitution without infringing the aims and essence of the basic principles and detailed basic principles adopted according to the minutes of the NC in drafting the State Constitution.

Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union

Yangon, 14 Aug - The following is the suggestions of Lahu National Development Party on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

I wish health and happiness for all the esteemed Chairman and members of the Panel of Chairmen, the esteemed Chairman and members of the National Convention Convening Commission, the esteemed Chairman and members of the National Convention Convening Work Committee, the esteemed Chairman and members of the National Convention Convening Management Committee, and delegates.

I am U Kya Shee of Lahu National Development Party.

Mr Chairman,

We will discuss the matter concerning the amendment, addition and repeal of the adopted fundamental principles and detailed basic principles explained by the Work Committee Chairman at the plenary session of the National Convention held on 6 August 2007.

Concerning the matter to protect the State against law suits, our opinion is that if a detailed basic principle regarding the matter should be adopted an addition should be made to the para (3) of the Chapter General Provisions, which says The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

In our view, the expression The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law should be added to the said detailed basic principle.

Mr Chairman,

As explained by the Work Committee Chairman, the para (50) of the Chapter Citizenship, Fundamental Rights and Duties of Citizens. In this Chapter The State means a body that exercises legislative and executive powers according to this Constitution.should be amended as follows:

In this Chapter and the Chapter on State Fundamental Principles, The State means a body or a person that exercises legislative and executive powers according to this Constitution.

Mr Chairman,

Concerning the qualifications of the Region or State high court judges, we agree that the detailed basic principle 11 (c) (ii) a person who has served as advocate for 15 years should be amended as a person who has served as advocate for at least 15 years.

We agree that the expression discipline-flourishing genuine multiparty democracy instead of genuine multiparty democracy should be used in para 2 subpara (d), para 3 and para 28 of the Chapter State Fundamental Principles as explained by the Work Committee Chairman.

We are in favour of using the term Pyidaungsu Taya Hluttaw in the subparas (a), (b) and (c) of para 12 of the Chapter State Fundamental Principles as Supreme Court of the Union.

Mr Chairman,

It is appropriate that the expression may exercise relaxation of stipulation on age limit of the subpara (h) para 22 should be substituted with the expression shall exercise relaxation of stipulation on age limit.

As explained by the Work Committee Chairman, the subpara (f) para 28 and the subpara (e) para 31 should be amended as follows:

Subpara (f) of para (28) The Advocate-General of the Region or State is

(i) responsible to the President of the State through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned.

The subpara (e) of para (31) The Auditor-General of the Region or State is

(i) responsible to the President through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

Mr Chairman,

As regards the point 10 compiled by the Work Committee Chairman, we agree to adopt the following detailed basic principle:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of township as well as on the basis of population from constituencies designated in accord with the law after combining a newly formed township with one of the suitable townships adjacent to it if the total number of townships exceeds 330

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.

We are in favour of adopting the following detailed basic principle:

Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of the respective Union territories, and including one representative from each self-administered division or self-administered zone

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of the respective Union territories.

(c) In forming the Amyotha Hluttaw in accord with the subparas (a) and (b), the words the respective Union territories mean Union territories designated by this Constitution and Union territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning the matter to elect Amyotha Hluttaw representatives are inclusive in the state or division or the region or state they are included in.

Mr Chairman,

Concerning the designation of Union territories, we agree the following detailed basic principle:

(a)Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.

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

We are in support of the Subpara (c) (vi) of Para 16 explained by the Work Committee Chairman which said that the term Chairman of Yangon Council should be substituted with the term Chairman of Nay Pyi Taw Council.

Mr Chairman,

We agree that the two pints transferred to the Chapter Head of State, the 11 points transferred to the Chapter Citizenship, Fundamental Rights and Duties of Citizens and the two points transferred to the Chapter General Provisions are detailed basic principles.

As explained by the Work Committee Chairman, the detailed basic principle para 15, sub-para 5 in the sharing of legislative power no longer needs to be prescribed, and it will be revoked.

We agree that in drafting the State Constitution in accordance with the basic principles and detailed basic principles the National Convention has adopted, necessary amendments should be made to the terms, dictation and word orders without having any adverse effects to the aims and essence of the basic principles and detailed basic principles.

With this we conclude our presentation.

The Advocate-General of the Region or State is responsible to the President of the State through the Chief Minister of the Region or State concerned

Yangon, 14 Aug - The following is the suggestions of Union Kayin League on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

Mr chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the Work Committee, the chairman and members of the Management Committee, and delegates from respective delegate groups, I extend my greetings to you and may you be all blessed with physical and mental well-being. I am National Convention delegate U Saw San Shwe of the Union Kayin League.

Mr Chairman and National Convention delegates,

At the plenary session of the National Convention held on 6 August 2007, the Work Committee chairman adopted the 104 State fundamental principles for Chapter State Fundamental Principles to be included in the State Constitution that were laid down at the plenary session held on 6 September 1993. Based on the basic principles, detailed basic principles were laid down for the remaining chapters. The basic principles are to be followed by the State as guidance in general. The State will have to carry out legislative and executive duties in accordance with these basic principles on the basis of prevailing situations of the nation. If there is a lawsuit filed against the government taking advantage of the fact that the government has not completed the procedures because the time is not ripe yet, there will be disruption to the operation of legislative and executive machinery. In order to avert such undesirable situation, there must be a detailed basic principle to protect the State. In this regard, Section 32 of Chapter 4 of 1947 constitution says The principles set forth in this Chapter are intended for the general guidance of the State. The application of these principles in legislation and administration shall be the care of the State but not be enforceable in any court of law. The constitutions of some neighbouring countries also prescribe so.

Therefore, regarding a matter to adopt a detailed basic principle to protect the State from being sued, so that it can discharge duties in line with the principles and proceedings of the State Constitution, we would like to suggest that an expression The application of these principles shall be the care of the State but shall not be enforceable in any court of law should be adopted as a detailed basic principle by adding it to the third of the points for Chapter General Provisions:

The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

Mr Chairman,

The legislative and executive powers are exercised in line with the State Constitution, but sometimes they may be practised for personal affairs. If so, there may be some problems on the State Constitution. If a complete detailed basic principle is adopted now, there will not be any disputes in this regard. In the Chapter Citizenship, Fundamental Rights and Duties of Citizens', the 50th point In this Chapter, the term State means a body that exercises legislative and executive powers according to this Constitution as the context may require should be In this Chapter and Chapter 1 State Fundamental Principles', the term State means a body or a person that exercises legislative and executive powers according to this Constitution as the context may require.

Mr Chairman,

Of the detailed basic principles for the Formation of Legislature, regarding the qualifications of the Union Chief Justice and the judges of the Union High Court, sub-para (c) (3) of para 3 says have practised law as the advocate for at least 20 years. The purpose is to mention minimum requirement clearly. In connection with the qualifications of the chief justices of the High Court of Region or State and the judges of the High Court of the Region or State prescribed in para 11 (c) (ii) states a person who has served as advocate for 15 years. It should be a person who has served as advocate for at least 15 years.

Mr Chairman,

Para 2 (a) of Chapter Political Parties says A political party shall accept and practise discipline-flourishing genuine multiparty democracy. It features an expression discipline-flourishing genuine multiparty democracy. The purpose of using that expression is to highlight the type of democracy the Union of Myanmar will practise in the near future.

Therefore, the expression genuine multiparty democracy system contained in para 1, sub-para 4, and para (c) and para 28 should be discipline-flourishing genuine multiparty democracy.

Mr Chairman,

Paras 1 to 9 of the Formation of Judiciary and paras 1, 2 and 8 of Sharing of the Judicial Power, use the term Supreme Court of the Union to clearly express the difference between the term Supreme Court of the Union and the term High Court of the Region or State. In our view, to have a uniformed context and to prevent occurrence of disputes in the future, the term Supreme Court of the Union should be used.

Hence, delegates will have to suggest whether the term Pyidaungsu Taya Hluttaw in the sub-paras (a), (b) and (c) of para 9 of the Chapter State Fundamental Principles should be substituted with the term Supreme Court of the Union.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996 laid down the detailed basic principles for the formation of executive including sub-para (h) of para 22 which states The President of the State may exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self-administered division or self-administered zone or Hluttaw representatives elected to undertake the affairs of national races.

As the para also states The President of the State may exercise relaxation of stipulation on age limit, he may or may not exercise relaxation on age limit. To be able to clearly express the essence and aim of the given detailed basic principle and to prevent constitutional disputes in the future, it should be used The President of the State shall exercise relaxation of stipulation on age limit, instead of The President of the State may exercise relaxation of stipulation on age limit.

Mr Chairman,

Sub-para (f) of para 28 of Formation of Executive says The Advocate-General of the Region or State is responsible to the President of the State through the Chief Minister of the Region or State concerned, and to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned, and sub-para (e) of para 31 says The Auditor-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned, and to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

Therefore, sub-para (f) of para 28 should be adopted as a detailed basic principle as follows:

The Advocate-General of the Region or State is responsible:

(1) to the President of the State through the Chief Minister of the Region or State concerned,

(2) to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned, and sub-para (e) of para 31:

The Auditor-General of the Region or State is responsible:

(1) to the President through the Chief Minister of the Region or State concerned,

(2) to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman explained the matter concerning the formation of Pyithu Hluttaw laid down at the plenary session of the National Convention held on 2 September 1994. In view of his explanation, To ensure an enduring principle, concerning the formation of Pyithu Hluttaw, the detailed basic principle should be as follows:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) not more than 330 Hluttaw representatives elected on the basis of the number of townships or population; if the number of townships is more than 330, the new township shall be combined with a suitable adjacent township to form a constituency in accordance with the law,

(b) not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.?

Mr Chairman,

The Work Committee chairman also explained detailed basic principles for Formation of Amyotha Hluttaw. The Union Kayin League conducted a thorough study of it.

Therefore,

?Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of the respective Union territories, and including one representative from each self-administered division or self-administered zone

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of the respective Union territories.

(c) In forming the Amyotha Hluttaw in accord with the sub-paras (a) and (b), the words the respective Union territories mean Union territories designated by this Constitution and Union territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning the matter to elect Amyotha Hluttaw representatives are inclusive in the state or division or the region or state they are included in. should be adopted as detailed basic principles.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman explained matters on Union territories designated at the National Convention plenary session held on 9 April 1994. We are in support of his explanation. So,

Designation of Union territories,

(a) Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.

(b) if need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws. should be adopted as a detailed basic principle.

After designating Nay Pyi Taw, the Capital of the Union of Myanmar, as a Union territory placed under direct administration of the President, detailed basic principles to be adopted for Nay Pyi Taw should be the same, as that for Yangon Council.

The term Yangon prescribed in the detailed basic principles on administration of Capital Yangon, a Union territory, in para 35 and designation of the status of the Chairman and members of Yangon Council prescribed in para 36 of the detailed basic principles adopted at the plenary session held from 28 to 30 March 1996 should be replaced with the term Nay Pyi Taw. Furthermore, the term Chairman of Yangon Council? prescribed in sub-para (C) 6 of para 16 of detailed basic principle for Formation of Financial Commission should be replaced with the term Chairman of Nay Pyi Taw Council.

The plenary session of the National Convention held on 12 December 2005 laid down detailed basic principles for the sharing of judicial power. In this regard, sub-para 4 (a) of para 6 says, With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township.

Sub-para 4 (a) of para 6 With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township should be amended as With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

Mr Chairman,

I would say, of the detailed basic principles the Work Committee chairman explained to transfer them to respective chapters, it is proper that points Nos 1 and 2 are transferred to Chapter The Head of State, points from No 3 to No 13 to Chapter Citizenship, Fundamental Rights and Duties of Citizens, and points Nos 14 and 15 to Chapter General Provisions.

Mr Chairman and delegates,

We find appropriate the Work Committee chairman's proposal to seek the approval of the National Convention to draft as necessary the State Constitution without infringing the aims and essence of the basic principles and detailed basic principles adopted according to the minutes of the NC in drafting the State Constitution.

The National Convention launched on 9 January 1993 will be over soon. And a peaceful, modern and developed nation will be built as aspired by the entire national people. I would say that the Union Kayin League recognizes the State Peace and Development Council that has taken necessary measures for successful completion of the National Convention, the National Convention Convening Commission, respective committees, and representatives of the eight delegate groups who have attended the National Convention with enthusiasm. The State Convention will be drafted with the basic principles and detailed basic principles the National Convention has adopted. In conclusion, we believe that all national races residing in harmony in the Union will continue to work hard together for ensuring perpetual existence of the Union.

Making the adopted basic principles and detailed principles more complete is practical and reasonable

Yangon, 14 Aug - The following is the suggestions of Kokang Democracy and Unity Party on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

Esteemed chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the Work Committee, the chairman and members of the Management Committee, and delegates from the delegate groups, I extend my greetings to you and may you be all blessed with physical and mental well-being.

I am National Convention delegate U Yan Kyint Kan of the Kokang Democracy and Unity Party.

Mr Chairman,

The ongoing National Convention is indeed a conference being held to seek the suggestions from the delegates to amend, add or transfer some of the adopted basic principles and detailed basic principles without having adverse effects to the aims and essence of the principles to draft the State Constitution for transferring the nation into a modern and development nation that will exercise discipline-flourishing democracy, which is the most important and most fundamental step of the State's seven-step Road Map.

After conducting a study of the Work Committee chairman's explanation about amendment, addition, repeal and transfer, we notice that the programme is aimed at strengthening the basic principles and detailed basic principles adopted successfully for drafting the State Constitution.

By amending, adding some appropriate words to, and transferring some points and expressions of the basic principles and detailed basic principles to draft the State Constitution, there will be several benefits such as:

(1) expressions in the principles will be more meaningful and comprehensible,

(2) the points that may cause disputes can be averted,

(3) stances of those with dogmatism can be controlled,

(4) expressions can be defined more specifically, and variety of definition of terms can be averted,

(5) principles can be compiled after taking possible changes into consideration,

(6) principles can be more clear and comprehensible by transferring some points to respective chapters. So, we consider this step to be a prudent finishing touch based on prevailing situations.

Mr Chairman,

I would like to cite the explanation of the Work Committee chairman. Some points are explained reasonably as regards reviewing, repealing and transferring some basic principles, adding suitable words to them, and omitting unnecessary points in order that the adopted basic principles and detailed principles will conform with prevailing conditions, the adopted objectives and meaning are more precisely and clearly, and the State Constitution can be drafted more clearly and specifically. So, we believe that there will be a discipline-flourishing democratic nation to which the entire national people are aspiring and that will guarantee long-term interests of the people.

Mr Chairman,

Failure to amend what should be amended is an extreme, and amending what should not be amended is also an extreme.

We consider that making the adopted basic principles and detailed principles more complete is practical and reasonable. So, it is a proper programme.

Mr Chairman,

This ongoing National Convention is a conference that has brought the goals to fruition,

- that is aspired by the entire people,

- On behalf of the members of the Kokang Democracy and Unity Party, a national force of the State, I would say we are very proud to have a golden opportunity to attend and participate in the discussions at the National Convention that will go down in the annals of the nation's history.

In conclusion, we pay our tributes to the visionary State leaders who have made all necessary arrangements, responsible persons of the Work Committee, the Management Committee and subcommittees who have showed their great patience and magnanimity and contributed towards the drive for successful completion of the National Convention, and all delegates. And we are in support of amending, adding suitable words to, and repealing some necessary basic principles and detailed principles the Work Committee chairman explained.

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Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw

Yangon, 14 Aug - The following is the suggestions of Wa National Development Party on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.

I wish health and happiness for all the esteemed Chairman and members of the Panel of Chairmen, the esteemed Chairman and members of the National Convention Convening Commission, the esteemed Chairman and members of the National Convention Convening Work Committee, the esteemed Chairman and members of the National Convention Convening Management Committee, and delegates.

I am going to present the stance of Wa National Development Party concerning the amendment, addition and repeal of the adopted fundamental principles and detailed basic principles explained by the Work Committee Chairman at the plenary session of the National Convention held on 6 August 2007.

Mr Chairman and delegates,

The National Convention delegates have unanimously adopted the said fundamental principles and detailed basic principles taking time in holding discussions on them from various angles. Hence, they are the principles that should be actually based in writing the Constitution.

The Chairman of National Convention Convening Work Committee explained the matter concerning the amendment, the repeal, the transfer and the addition of the fundamental principles and detailed basic principles as necessary after assessing them to be in accord with the time and situation, for the adopted fundamental principles and detailed basic principles to be in contextual uniformity, to define the adopted objectives and detailed basic principles more clearly and to draft the Constitution more precisely and clearly.

Mr Chairman,

The plenary session of the National Convention held on 16 September 1993 adopted the 104 State fundamental principles for the Chapter The State fundamental principles. The fundamental principles have been adopted as the general guidance of the State to be observed and followed. The State will carry out the legislative and executive functions in accord with the fundamental principles. In doing so, the State will implement the functions in accord with the nation's prevailing situation and time. The running of the legislative and administrative machinery may face disturbances and obstacles if a lawsuit is filed against the State while taking advantage of its failure to implement the task in accord with said principles as time and situation is not ripe yet. In our view, it is necessary to adopt a detailed basic principle that will protect the State. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law. My opinion is that if a detailed basic principle regarding the matter should be adopted an addition should be made to the para (3) of the Chapter General Provisions, which says The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws. In our view, the expression The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law should be added to the said detailed basic principle.

Mr Chairman,

The plenary session of the National Convention held on 27 October 2006, adopted the detailed basic principles including the para (50) which states In this Chapter The State means a body that exercises legislative and executive powers according to this Constitution. for the Chapter Citizenship, Fundamental Rights and Duties of Citizens. According to the statement, it is as if that the term State contained in the detailed basic principle concerns only with the Chapter Citizenship, Fundamental Rights and Duties of Citizens. The term State can be found in the Chapter I State Fundamental Principles for many times. In our assumption, an addition should be made to the para 50 for the detailed basic principle to cover the interpretation and definition of the term State of the given chapter.

The para refers only to the term body There may be occasions in which the legislative power and executive power are exercised by an organization or by a person. In this situation there may be a constitutional problem. They may be no reason for the occurrence of any disputes if the stipulations contained in the detailed basic principle are fully comprehensive.

In this regard, the detailed basic principle concerned should be amended as follows:

In this Chapter and the Chapter one on State Fundamental Principles, The State means a body or a person that exercises legislative and executive powers according to this Constitution.

Mr Chairman,

At the plenary session of the National Convention held on 30 March 1996, in connection with the qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union, the para (3) (c) (iii) states have been an advocate of a High Court of at least 20 years' standings.

In connection with the qualifications of the Chief Justice of the High Court of Region or State and judges of the High Court of the Region or State, the para 11 (c) (ii) states a person who has served as advocate for 15 years. The stipulation does not state the word at least. It is our opinion that in drafting the Constitution, it should be stated at least 15 years to ensure a harmonious context and to prevent against occurrence of disputes in the future.

Mr Chairman,

The Chapter State Fundamental Principles that was adopted at the plenary session of the National Convention held on 16 September 1993, includes the subpara (d) of the para 2 which states flourishing of genuine multiparty democracy systemthe State practises genuine multiparty democracy system and para 28 which states the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system.

But subpara (a) of para 2 of the adopted detailed basic principles for the chapter Political Parties states A political party shall: (a) accept and practise discipline-flourishing genuine multiparty democracy. Hence, we agree to use the expression discipline-flourishing genuine multiparty democracy? instead of genuine multiparty democracy.

Mr Chairman,

The plenary session of the National Convention held on 16 September 1993 adopted the following State Fundamental Principles in connection with judiciary

(a) the judicial power of the State is distributed among Pyidaungsu Taya Hluttaw (Supreme Court), Region Taya Hluttaw (Region High Court), State Taya Hluttaw (State High Court) and law courts of different levels including law courts of self-administered areas;

(b) in the Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court of State;

(c) Pyidaungsu Taya Hluttaw has powers to issue writs.

But from paras from 1 to 9 of the Formation of Judiciary and paras 1, 2 and 8 of Sharing of the Judicial Power, use the term Supreme Court of the Union to clearly express the difference between the term Supreme Court of the Union and the term High Court of the Region or State. In our view, to have a uniformed context and to prevent occurrence of disputes in the future, the term ?Supreme Court of the Union should be used.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996, adopted the detailed basic principles for the formation of executive including subpara (h) of para 22 which states The President of the State may exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self-administered division or self-administered zone or Hluttaw representatives elected to undertake the affairs of national races.

According to subpara (h) of para 22, the okkahta of the self-administered division or self-administered zone or Hluttaw representative elected to undertake the affairs of national races should be automatically appointed Minister of the respective Region or State. The okkahta of the self-administered division or self-administered zone or Hluttaw representative elected to undertake the affairs of national races may meet all the qualifications of a Hluttaw representative but can be younger than 35, the minimum age limit for Region or State Minister.

As the para states The President of the State may exercise relaxation of stipulation on age limit, he may or may not exercise relaxation on age limit.
To be able to clearly express the essence and aim of the given detailed basic principle and to prevent constitutional disputes in the future, the expression may exercise relaxation of stipulation on age limit of the subpara (h) para 22 should be substituted with the expression shall exercise relaxation of stipulation on age limit.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996, adopted detailed basic principles for the formation of executive. In our view, the subpara (f) para 28 and subpara (e) para 31 should be amended as follows:

Subpara (f) of para (28) The Advocate-General of the Region or State is

(i) responsible to the President of the State through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned

The subpara (e) of para (31) The Auditor-General of the Region or State is

(i) responsible to the President through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned

Mr Chairman,

At the plenary session of the National Convention held on 28 September 1996, the detailed basic principle concerning the formation of Pyithu Hluttaw as follows:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of population

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.

As the Constitution is the principle law, the provisions contained in it should be observed in the long run.

As the Pyithu Hluttaw is termed as the Hluttaw formed with Hluttaw representatives elected on the basis of population, the designation of constituencies of Pyithu Hluttaw representatives will have to be based on population. Endeavours are being made at present to develop the nation in accord with the 12 State objectives. Hence, the delegates have witnessed the changes in the administrative, economic and social sectors resulting from their rapid development. More townships will have to be formed as necessary to be in conformity with the task of implementing projects such as security, management, education, health projects when the nation is achieving more agriculture and industrial development than now. When the total number of townships exceeds 330, the number of Pyithu Hluttaw representatives will also exceed 330, if one representative from each township is elected.

So, when the number of townships goes over 330, a newly formed township should be joined with one of the townships adjacent to it to designate a Pyithu Hluttaw constituency. The 330 Pyithu Hluttaw representatives will be elected one each from every such designated constituency.

In our opinion, it is appropriate to make the following addition to ensure an enduring detailed basic principle concerning the formation of the Pyithu Hluttaw: Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of township as well as on the basis of population from constituencies designated in accord with the law after combining a newly formed township with one of the suitable townships adjacent to it if the total number of townships exceeds 330

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.?

Mr Chairman,

At the plenary session of the National Convention held on 28 March 1996, the detailed basic principles for the Chapter ?Formation of Legislature. were adopted.

Concerning the Amyotha Hluttaw, the following detailed basic principle was adopted: Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of Union territories, and including one representative from each self-administered division or self-administered zone

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of Union territories.

The expression inclusive of Union territories means areas that were included in the present states and divisions but have been designated as Union territories and the areas proclaimed by the Pyidaungsu Hluttaw as Union territories because of their significant characteristics after the promulgation of this Constitution. The word ?the respective should be added to the word Union territories for the usage to be more precise.

We would like to suggest that the abovementioned detailed basic principle should be amended as follows:

Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of the respective Union territories, and including one representative from each self-administered division or self-administered zone

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of the respective Union territories.

(c) In forming the Amyotha Hluttaw in accord with the subparas (a) and (b), the words the respective Union territories mean Union territories designated by this Constitution and Union territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning the matter to elect Amyotha Hluttaw representatives are inclusive in the state or division or the region or state they are included in.

Mr Chairman,

Regarding the designation of Union territories, the National Convention plenary session held on 9 April 1994 laid down detailed basic principles.

Internationally, the city where the office of the central government is based is designated as the capital of the State. And in some countries, the capitals are placed under direct administration of the President or the Union. Now, the government of the Union of Myanmar and the offices of the central governments are based in Nay Pyi Taw. So, the capital of the State is Nay Pyi Taw. Therefore, need arises to amend the words Yangon City, that is the Capital of the Union prescribed in one of the three above-mentioned detailed basic principles.

Yangon is no longer the capital of the nation. The designation of Yangon as a Union territory under the direct administration of the president should be revoked. And the municipal area of Nay Pyi Taw, which has become the Capital of the State, should be designated as a Union territory placed under the direct administration of the president. Moreover, the detailed basic principle ?Cocogyun Township which has a special situation is designated as Union territory and placed under direct administration of the President of the Union? should be revoked as it is no more suitable.

We would like to suggestion that the detailed basic principle:

(a) Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.

(b) if need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws should be adopted.

Mr Chairman,

It is appropriate that Capital Yangon prescribed in the detailed basic principles on administration of Capital Yangon, a Union territory, prescribed in para 35 and the detailed basic principles on designation of the status of the Chairman and members of Yangon Council prescribed in para 36 of the detailed basic principles adopted at the plenary session held from 28 to 30 March 1996, should be replaced with the term Nay Pyi Taw, and the term Chairman of Yangon Council prescribed in sub-para (c) 6 of para 16 of detailed basic principle for Formation of Financial Commission with the term Chairman of Nay Pyi Taw Council.

Mr Chairman,

The sub-para 4 (a) of para 6 With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township? should be amended as ?With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

Esteemed Mr Chairman and delegates,

Constitution is as important as life blood of a nation. The nation has already taken more than a decade for the emergence of a Constitution. At present, we, the delegates, will be able to adopt at the National Convention the chapter-wise fundamental principles and detailed basic principles.

It is required that the Constitution should be the one that ensures progress in accord with the era and that guarantees the interest of the majority, but not the one that is outdated. The adopted fundamental principles and detailed basic principles should be amended, annulled, transferred and added as necessary for them to be in conformity with the changes of global countries and the prevailing situation of the country. Moreover, they should be free from loopholes and weaknesses and should be durable.

It is appropriate to make necessary amendments to the terms, dictation and word orders without having any adverse effects to the aims and essence of the basic principles and detailed basic principles adopted according to the minutes of the NC in drafting the State Constitution.

With this I conclude my presentation.