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

Yangon, 15 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. Delegates of the respective Delegate Groups made suggestions on matters concerning the amend-ments, 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, repre-sentatives-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 Saw Philip (a) U Philip Sam of Delegate Group of Political Parties presided over the meeting together with U Myo Thant (Maung Hsu Shin) of NCC Work Committee, 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 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 1046 out of 1071 delegates were in attendance, accounting for 97.67 per cent.

First, U Khin Maung Swe and U Sein Aung read out the suggestion of Delegate Group of Workers 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, Daw Khin Mar Yi read out the suggestion of Delegate Group of Intellectuals and Intelligentsia 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 am.

(The suggestion will be published.)

When the Plenary Session of the National Convention resumed at 10.15 am, U Aung Kyaw Soe read out the suggestion of Delegate Group of State Service Personnel 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 Hmaing read out the suggestion of Delegate Group of Other Invited Persons 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 11.30 am.

(The suggestion will be published.)

The Plenary Session of the National Convention continues at 9 am on 17 August (Friday) at the Pyidaungsu Hall.

The term discipline-flourishing genuine multiparty democracy? should be used in drafting the Constitution

Yangon, 15 Aug - The following is the suggestions of Six 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.

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 independent representatives-elect U Hla Soe of Minbu Township Constituency 2. Together with me U Thein Kyi will read the paper compiled by independent representatives-elect U Tin Win of Kyaiklat Township Constituency 2, U Thein Kyi of Taungdwingyi Township Constituency 1, U Hla Soe of Minbu Township Constituency 2, U Mya Hlaing of Twantay Township Constituency 2, U Kyi Win of Mingaladon Township Constituency 1 and U Tin Tun Maung of Mingaladon Township Constituency 2.

Mr Chairman,

At present, the people are looking forward to the time the Constitution will emerge. The on-going National Convention has already adopted fundamental principles and detailed principles that meet the public desire and wishes for a new democratic nation. To be able to lay down and adopt the said principles the delegates within their own groups and between one group and another have been working with mutual understanding, respect, cooperation and coordination like true friends and brethren.

Mr Chairman,

Now the National Convention will make amendments, repeals, transfers and additions to the adopted fundamental principles and detailed basic principles after assessing them for the said principles to be in accord with the time and situation, to have a proper contextual order and to have a clearer definition. There is a saying, which goes Well begun is half done. We believe that by doing so the Constitution that will serve the long-term interest of the people will emerge.

Mr Chairman,

Now, we will discuss the matter concerning the amendment, repeal, transfer and addition of the adopted fundamental principles and detailed principles as necessary.

Mr Chairman,

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. An addition should be made to the compilation 3 of the Work Committee Chairman, 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.

We agree to add the given expression to the detailed basic principles as follows:

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. 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.

Mr Chairman,

The National Convention 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 our view, the detailed basic principle 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,

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 Chief Justice 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 should be stated at least 15 years to ensure a harmonious context and to prevent against occurrence of disputes in the future.

Hence, the expression a person who has served as advocate for 15 years of the detailed basic principle 11 (c) (ii) should be amended as a person who has served as advocate for at least 15 years.

Mr Chairman,

The Chapter State Fundamental Principles that was adopted at the plenary session of the National Convention, includes the subpara (d) of the para 2 which states flourishing of genuine multiparty democracy system; the para 3 which states, the 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. To be able to ensure a contextual uniformity, the term discipline-flourishing genuine multiparty democracy should be used in drafting the Constitution.

Thus, we agree to use discipline-flourishing genuine multiparty democracy instead of genuine multiparty democracy in para 2 sub-para (d), para 3 and para 28 of the Chapter State Fundamental Principles.

Now, U Thein Kyi of Taungdwingyi Township Constituency 1 will read the paper.

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;

But from paras1 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.

We agree that the term Pyidaungsu Taya Hluttaw in the subparas (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,

Subpara (g) of para 34, subpara (e) and (h) of para 22 which have connections between one another were included in adopting detailed basic principles for the formation of executive. The sub-para (h) of para 22 states. The President of the State may exercise relaxation of stipulation on age limit in the State Constitution. 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, it should be used ?shall exercise relaxation of stipulation on age limit.

We would like to suggest 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.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996, adopted detailed basic principles for the formation of executive. In the detailed basic principles, para 22 states as follows:

(i) The Region or State Chief Minister shall be responsible to the President of the State

(ii) The Region or State Minister shall be responsible to the Region or State Chief Minister concerned and through the Chief Minister, to the President of the State.

The sub-para (f) of para (28) states, 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, to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned.

The sub-para (e) of para 31 states, The Auditor-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned, to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

In the abovementioned detailed basic principles, the terms and usages in connection with Region or State are clear and easy to understand. They should be used in drafting the Constitution to ensure a contextual uniformity and to have a clear definition.

In our view, sub-para (f) para 28 and sub-para (e) para 31 should be amended as follows:

Sub-para (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 sub-para (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,

The plenary session of the National Convention held on 2 September 1994 adopted 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.

When the National Convention adopted the detailed basic principles for legislation, it adopted the following detailed basic principle in connection with the names of the two Hluttaws:

(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.

If the election of the Pyithu Hluttaw representatives is based on population, Regions will be able to elect 31 more representatives; and the States will be able to elect 31 less representatives.

If the election of the Pyithu Hluttaw representatives is based on population and township, the States will be able to elect 31 more representatives.

In the detailed basic principle also it should be stated that the election of Pyithu Hluttaw representatives should be based on township as well as population.

The Tatmadaw government has been making endeavours for all-round development. Hence, all the people 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 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.

We are in support of making 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,

Concerning the Amyotha Hluttaw the following detailed basis has been 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 sub-para (a) states 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' and the subpara (b) states 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.

In our view, 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

(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,

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. Yangon is not the capital of the nation any longer, but it remains a commercial city.

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.

Yangon is no longer the Capital of the State, so the term Capital Yangon will be replaced with the term Yangon. 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. The designation of Yangon and Cocogyun Township as Union territories is revoked, so, they will remain in Yangon Region.

Mr Chairman,

As I have presented that by revoking the designation of Cocogyun Township as a Union territory, the detailed basic principle of the sub-para (b) no longer needs to be prescribed. However, sub-para (c) should still exist. So, sub-para (c) should be sub-para (b). We are in support of adopting the following 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.

Mr Chairman,

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

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 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 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.

We would like to suggest that 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.

We find the Work Committee Chairman's clarification I would like to seek the approval of the NC 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 appropriate.

Mr Chairman,

Soon, the National Convention will be concluded successfully. The Constitution will truly come into force in accord with the seven-point Road Map. The Tatmadaw government will transfer the State power to a civilian government in accord with the Constitution. The Tatmadaw government has been training the delegates proper ways and means to hold sessions, to make presentations and to hold discussions at the National Convention, while it is carrying out the immense national task.

At the National Convention, eight groups of delegates discussed, laid down and adopted the fundamental principles and detailed basic principles. The matter concerning the amendment, addition and repeal of the said principles was presented to the eight groups of delegates. The task has been accomplished smoothly.

I wish public representatives of the respective Hluttaws that will emerge in the future accept the occasional changes and systematically make amendments, additions and repeals as necessary in view of the national interest and national cause.

The State means a body or a person that exercises legislative and executive powers according to this Constitution

Yangon, 15 Aug - The following is the suggestions of Delegate Group of National Races 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 Mr Chairman and members and delegates,

At the plenary session of the National Convention held on 6 August 2007, the Chairman of the National Convention Convening Work Committee explained the matter concerning the amendment, addition and repeal of the adopted fundamental principles and detailed basic principles as necessary.

Based on our experiences and knowledge, we of the Delegate Group of National Races held discussions on the Work Committee Chairman's clarification candidly.

As it is the final session, we after holding serious discussions based on Union Spirit will support the Work Committee Chairman's clarifications. We will also present separate suggestions.

Esteemed Mr Chairman and members and delegates,

Now, the National Convention has successfully adopted the chapter-wise fundamental principles and detailed basic principles that are to be included in formulating the Constitution. 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. We need to make amendment, the repeal, the transfer and the addition and omission 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 proper contextual order, to define the adopted objectives and detailed basic principles more clearly and to draft the Constitution more precisely and clearly.

Mr Chairman,

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 detailed basic principle. 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,

There may be occasions in which the legislative power and executive power are exercised by an organization or by a person. There may be no reason for the occurrence of any disputes if the stipulations contained in the detailed basic principle are fully comprehensive.

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,

In connection with the qualifications of the Chief Justice of the High Court of Region or State Chief Justice 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. 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.

Hence, 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.

Mr Chairman,

The Chapter State Fundamental Principles include the sub-para (d) of the para 2 which states flourishing of genuine multiparty democracy system; the para 3 which states, the 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 sub-para (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. When we study the said detailed basic principle we will find the usage discipline-flourishing genuine multiparty democracy. The usage emphasizes in all seriousness that the democracy Myanmar will practise in the future is a discipline-flourishing genuine multiparty democracy system. To be able to ensure a contextual uniformity, the term discipline-flourishing genuine multiparty democracy should be used.

Thus, we agree to use ?discipline-flourishing genuine multiparty democracy instead of genuine multiparty democracy in para 2 sub-para (d), para 3 and para 28 of the Chapter State Fundamental Principles.

Mr Chairman,

Paras1 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.

In this regard, 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,

As the subpara (h) para 22 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 shall exercise relaxation of stipulation on age limit.

We support that the expression may exercise relaxation of stipulation on age limit of the sub-para (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 adopted detailed basic principles for the formation of executive. In the detailed basic principles,

To have a clearer meaning and usage, the sub-para (f) para 28 and sub-para (e) para 31 should be amended as follows:

Sub-para (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 sub-para (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 formation of Pyithu Hluttaw, to be able to allow a large number of national races representative to take part in the Pyithu Hluttaw, the designation of Pyithu Hluttaw constituencies should be based on township as well as population.

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 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.

We are in support of making 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:

(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,

As regards the formation of Amyotha Hluttaw of the legislation, the sub-para (a) states 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'. The word the respective should be added to the word Union territories for the usage to be more precise.

We agree that detailed basic principle concerned should be amended as follows:

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

(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.

Mr Chairman,

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. 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 longer required.

In our opinion, the following detailed basic principle should be adopted:

(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.

Mr Chairman,

As Yangon is no longer the Capital, 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 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 National Convention 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.

After designating Capital Nay Pyi Taw as a Union territory and revoking the designation of Yangon and Cocogyun Township as Union territories, it will need to amend the detailed basic principle, as appropriate.

We support that 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,

When basic principles were laid down for the chapter State Fundamental Principles of the 15 Chapters to be included in the State Constitution, an exception was prescribed under the 104 basic principles as follows:

After laying down the principles to serve as base for formulating state fundamental principles, it will be carried on as follows:

of those basic principles, relevant ones are to be taken as basic in discussing basic principles in respective chapters of those basic principles, those that should be mentioned in the preamble of the State Constitution should be mentioned also in that preamble, principles concerning the State are to be mentioned separately in the chapter heading.

The State likewise, principles concerning respective chapters are to be transferred to respective chapters, when discussions are held for those respective chapters, principles concerning the chapter State fundamental principle are to be retained in the chapter on State fundamental principles.

When detailed basic principles were laid down according to the chapter headings, the principles relevant to respective chapters were transferred as detailed basic principles. It is assumed that of the detailed basic principles transferred to respective chapters, some principles should continue to be prescribed in the Chapter State Fundamental Principles and some not.

I would also like to present the basic principles that are no longer prescribed because they do not need to be prescribed as detailed basic principles. They are:

The principles transferred to the Chapter The Head of State.

1. The Head of State is the President of the Union.

2. The President of the Union shall be elected by the presidential electoral college.

The principles transferred to the Chapter ?Citizenship, Fundamental Rights and Duties of Citizens.

3. All persons who have either one of the following requirements are citizens of the Union of Myanmar. All persons born of parents both of whom are nationals of the Union of Myanmar. Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force. Citizenship, naturalization and revocation of citizenship shall be prescribed by the law.

4. Every citizen is under a duty to uphold Non-disintegration of the Union; Non-disintegration of national solidarity; and Perpetuation of sovereignty.

5. Every citizen is under a duty to abide by the provisions of the Constitution.

6. Every citizen is under a duty to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State.

7. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice.

8. The freedom so guaranteed shall not prohibit the State from enacting laws for the purpose of social welfare and reform.

9. The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State.

10. The State also recognizes Christianity, Islam, Hinduism and Animism as religions existing in the Union on the date of the coming into force of the State Constitution.

11. The State shall render assistance and protect as far as it can the religions it recognizes.

12. The abuse of religion for political purposes is forbidden. And any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to the State Constitution. A law may be adopted to punish such actions.

13. The State shall help national businessmen have access to technologies, investments, machinery, and raw materials.

The principles transferred to the Chapter General Provisions.

14. Myanmar language is the official language.

15. 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.

We consider that these detailed basic principles have been transferred to respective chapters, and they no longer need to be mentioned in the Chapter State Fundamental Principles Therefore, they are not prescribed.

Mr Chairman,

The plenary session of the National Convention adopted detailed basic principles for the Chapter Transitory Provisions. In this regard, para 5 says, The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are in contrary to the Constitution.

We agree that 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.

Mr Chairman,

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.

So we agree to the clarification which said, I would like to seek the approval of the NC 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.

Mr Chairman,

This is the final session of the National Convention. The Delegate Group of National Races studied all the fundamental principles and detailed basic principles in addition to the clarifications made by the Work Committee Chairman.

Based on our study, we are going to present a separate suggestion concerning the impeachment or the act of laying blame.

Sub-para (a) para 19 of General Provisions states as follows:

(a) A member of the Constitutional Tribunal can be blamed or impeached under any of the following reasons:

(1) treason;

(2) violation of any of the provisions of the Constitution;

(3) misbehavior;

(4) incapability of discharging duties prescribed in the State Constitution for a member of the Constitutional Tribunal;

(5) being unable to perform the duties assigned to him efficiently;

There are similar detailed basic principles to impeach the Chairman of the Union Election Commission or one of the members in accord with the abovementioned five points.

Only the first to fourth detailed principles are stipulated for the impeachment of the President, or the Vice-President, a Union Minister, the Attorney-General of the Union, the Auditor-General of the Union, Region or State Chief Minister or any of the ministers, the Chief Justice of the Union or any of the judges of the Supreme Court or a Chief Justice or any of the judges of the Region or State High Court State.

To have a contextual uniformity and to prevent occurrence of disputes in the future, the detailed basic principles concerning the impeachment should always be five points for every matter.

It can be assumed that the expression being unable to perform the duties assigned to him efficiently is so general that there is no specification of the person concerned or the duty. It will be more appropriate if the said expression should be substituted with the expression being unable to effectively perform the duties assigned to him in accord with the law.

In our view, the point 5 being unable to perform effectively the duties assigned to him in accord with the law? should be added to the four detailed basic principles concerning the impeachment. Concerning the impeachment of a member of the Constitutional Tribunal or Chairman of the Union Election Commission or one of the members, the expression of the point 5 being unable to perform the duties assigned to him efficiently should be substituted with the expression being unable to effectively perform the duties assigned to him in accord with the law.

Mr Chairman,

As regards the clarifications made by the Work Committee Chairman, the Delegate Group of National Races have supported the 14 amendments, two revocations, one decision and transfers and presented separate suggestions in connection with impeachment.

In conclusion, we would like to express belief that the National Convention will conclude successfully, that a new Constitution will come into force and that a peaceful, modern and developed nation will emerge.

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

Yangon, 15 Aug - The following is the suggestions of Delegate Group of Peasants 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 Management Committee, and delegates, I extend my warmest greetings to you, and may you be all blessed with physical and mental well-being.

I am National Convention delegate U Than Shwe from Bago Division of the Delegate Group of Peasants.

On behalf of the Delegate Group of Peasants, I would like to present our group's proposal paper regarding the Work Committee chairman's explanation about 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.

Mr Chairman,

In 1988, our country's 1974 constitution no longer worked at all, so the Tatmadaw had to take over the State's duties. Since then, it has been working hard day in, day out in various sectors to fulfill the people's wish of transforming the nation into a discipline-flourishing genuine democratic one, while upholding Our Three Main National Causes, namely: Non-disintegration of the Union, Non-disintegration of national solidarity, and Perpetuation of sovereignty. It took all necessary measures for stability of the State, community peace, and prevalence of law and order. In 1993, it launched the National Convention with representatives of people from all walks of life to lay down fundamental principles to draft a State Constitution necessary for guaranteeing the sharing of legislative, executive and judicial powers and turning out a discipline-flourishing genuine multiparty democracy system.

While the National Convention is in session, the National Convention Convening Commission, the Work Committee, the Management Committee and National Convention delegates have worked hard together and held discussions variously taking time to adopt the basic principles and detailed basic principles. As a result, they have adopted unanimously the 104 fundamental principles and basic principles for 15 chapters.

The Work Committee took steps for enabling the representatives of the delegate groups to study with convenience the constitutions of many other countries, to compile collectively proposal papers based on the historical background of Myanmar, and to give advice and make suggestions as to whether the basic principles and detailed basic principles should be adopted or not. The representatives from various regions compiled their independent proposal papers through the experiences and knowledge they have gained, and the experiences of other countries. National Convention delegates are pleased and proud of the achievement that the National Convention has adopted some of their separate suggestions as basic principles and detailed basic principles to be included in the State Constitution.

Mr Chairman,

Now, I would like to make some suggestions about the adopted basic principles and detailed basic principles that should be amended, repealed or added so that they are constituent with the current changes, there is contextual uniformity in them, the initial objectives and the adopted detailed basic principles become more clear and comprehensible, and the State Constitution can be drafted more precisely and specifically. My presentation is to contribute towards the drive to help the whole process meet the systematic programmes of check, re-check and counter check.

Mr Chairman,

The State will have to carry out legislative and executive duties in accordance with the adopted 104 State fundamental principles. 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. Therefore, regarding a matter to adopt a detailed basic principle to protect the State from being sued, the expression in para 3 of Chapter General Provisions:

The application of these principles shall be the care of the State but shall not be enforceable in any court of law.

Mr Chairman,

The term State is prescribed many times in Chapter (1) State Fundamental Principles to be included in the State Constitution. In order to make the term State prescribed in this Chapter more meaningful and comprehensible, there should be an amendment to the 50th point of Chapter Citizenship, Fundamental Rights and Duties of Citizens.

In relation to the referring of the term a body, 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. Therefore, a complete detailed basic principle should be adopted now.

So, the 50th point of Chapter Citizenship, Fundamental Rights and Duties of Citizens should be adopted as:

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,

To ensure contextual uniformity in drafting the State Constitution and to avert possible future constitutional disputes, the expression a person who has served as advocate for 15 years in para 11 (c) (ii) in connection with the qualifications of judges of the High Court of the Region or State, should be a person who has served as advocate for at least 15 years.

And to reveal the fact 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, 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 Taya Hluttaw 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 avert possible disputes in future and to ensure contextual uniformity in drafting the State Constitution, the expression Pyidaungsu Taya Hluttaw prescribed 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,

Of the detailed basic principles for the formation of executive, sub-para (h) of para 22 states The President of the State may exercise relaxation of stipulation on age limit.

A person appointed as the okkahta of the self-administered division or self-administered zone, or Hluttaw representatives elected to undertake the affairs of national races, or a Region or State Minister may possess all qualifications set for a hluttaw member, but he may be under 35.

Therefore, in order to make the initial aims and essence of the expressions more comprehensible and to avoid possible disputes on the State Constitution in future, sub-para (h) of para 22 should be adopted as:

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

Mr Chairman,

In view of the detailed basic principles adopted at the plenary session of the National Convention held on 29 March 1996 for Formation of Executive, the expressions related to Region or State Ministers are clear and comprehensible. To ensure clear and comprehensible expressions in drafting the State Constitution, 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,

Now, the development in the administrative, economic and social sectors is gaining momentum due to the efforts being made for national development in line with the 12 objectives the government has laid down. In future, the agricultural and industrial sectors will make more progress. Then, if necessary, new townships will have to be formed to expedite the implementation of the projects on security, management and education. If the number of townships goes over 330, the number of Pyithu Hluttaw members will be more than 330. When the number of townships is over 330 due to urbanization, a newly formed township should be joined with one of the townships adjacent to it to designate a Pyithu Hluttaw 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:

(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 detailed basic principles.

Mr Chairman,

The word the respective should be added to the word Union territories for the usage to be more precise. Hence, the points:

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

(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,

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. 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. Therefore, regarding the designation of Union territories, the points:

5. Designation of Union territories,

(a) Nay Pyi Taw, that is the Capital of the Union, is designated as a 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,

The Delegate Group of Peasants is in support of the clarification that Nay Pyi Taw, the Capital of the Union of Myanmar, should be designated as a Union territory placed under the direct administration of the President.

So, the term Yangon prescribed in paras 35 and 36 of the detailed basic principles the National Convention plenary session adopted 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.

Mr Chairman,

If Nay Pyi Taw, the Capital of the Union of Myanmar, is to be designated as a Union territory, 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,

There will soon be the State Constitution necessary for ensuring peace and development of the motherland and building a discipline-flourishing multiparty democratic nation. In order to complete the drafting of the State Constitution, the State has spent a lot of funds and time, while the delegates have worked and exerted goodwill, sacrificing their economic, health and social affairs to an extent. We believe the State Constitution that has cost such huge investments will be complete with magnificent characteristics such as essence, durability, harmony with the modern time, and serving public interests.

Mr Chairman,

Many constitutions are no longer in force because:

(a) the provisions that deserved amendments could not be amended in time,

(b) appropriate laws could not be promulgated with the passage of time,

Therefore, the organ or persons that will exercise the legislative, executive and judicial powers that will come into force under the forthcoming State Constitution should keep in mind these notable points.

In the new State that will emerge under the State Constitution we have drafted in harmony, the authorities at all levels will have to honour the State Constitution. And I assume that we delegates will have to protect it.

Our ultimate goal is to turn out a good government to be elected by the people through discipline-flourishing genuine multiparty democracy general elections in accordance with the State Constitution that will soon be competed by the National Convention, and that can create a prosperous future of the State, and guarantee the interests of the electorate, and the rights of each citizen. We hope the best in this regard.

I would like to remind again that we have to make sure that each citizen can enjoy all the fundamental rights of citizens for long existence of the State Constitution till our posterity.

Indeed, the State Constitution is the basic law of all the laws. I believe it will also need to amend the laws, rules and regulations, as appropriate in accordance with the changes.

Mr Chairman,

We delegates have worked whatever role we are in to successfully complete the National Convention. The National Convention Convening Commission, the Work Committee, the Management Committee and respective subcommittees have provided all forms of necessary assistance for our convenience including stay, transport, meals, security and personal affairs. So, on behalf of all delegates, I would like to express my heartfelt thanks to all the committees and responsible persons.

We delegates are very proud to have an opportunity to help set up a milestone that can bring a brighter future of the nation and the people. We are willing to carry out such public services more than ever.

Mr Chairman,

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 initial aims and essence of the basic principles and detailed basic principles.

In conclusion, I would like to present peasant representatives' decision to seek the approval of the NC 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.