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

Yangon, 16 Aug -The following is the suggestions of Delegate Group of Workers 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 Khin Maung Swe, a representative of Delegate Group of Workers of Dawbon Township, Yangon Division. Together with me, U Sein Aung, a representative of Delegate Group of Workers of Salingyi Township, Sagaing Division will present the proposal paper of our group concerning the amendment, addition and revocation of the adopted fundamental principles and detailed basic principles.

Mr Chairman,

At the plenary session of the National Convention held at 9 am on 6 August 2007, the Chairman of the National Convention Convening Work Committee presented a comprehensive clarification of the fundamental principles and detailed basic principles that should be amended, added and repealed as necessary.

In his clarifications, the Work Committee Chairman said, 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. The National Convention Convening Work Committee will now explain the matter concerning the amendment, the repeal, the transfer, the omission 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 proper contextual order, to define the adopted objectives and detailed basic principles more clearly and to draft the Constitution more precisely and clearly.

The Panel of Chairmen of our group explained the Work Committee Chairman's clarifications at 1 pm on 6 August 2007 for the group to present suggestions on the matter. With keen interest, the delegates of the group compiled the paper after holding serious discussions. The panel of chairmen sought the approval of the delegates of the group at a meeting held at 9 am on 9 August 2007.

Mr Chairman,

We of the Delegate Group of Workers have unanimously agreed to the Work Committee Chairman's clarifications concerning the matter for ensuring a contextual uniformity in drafting the Constitution, to prevent occurrence of disputes in the future and to have a clearer meaning. We of the group present our paper as follows:

Mr Chairman,

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 has already been adopted. A detailed basic principle that will protect the State against lawsuit while taking advantage of its failure to implement the task in accord with said principles as time and situation is not ripe yet.

We agree to adopt 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 plenary session of 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.

Thus, 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,

The National Convention adopted the detailed basic principles for the formation of judiciary. 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. It should be stated at least 15 years.

In this regard, 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 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.

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

Mr Chairman,

The National Convention 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.

In this regard, 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, The National Convention 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. Actually, it should be used shall exercise relaxation of stipulation on age limit.

Hence, 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 National Convention adopted detailed basic principles for the formation of executive. In the detailed basic principles, para 22 states as follows:

(l) (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 subpara (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.

In our view, 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

U Sein Aung, a representative of Delegate Group of Workers of Salingyi Township, Sagaing Division, will read the remaining part of the paper.

Esteemed Mr Chairman and members and delegates, I am U Sein Aung, a representative of Delegate Group of Workers of Salingyi Township, Sagaing Division.

I will present the remaining part of the paper.

Mr Chairman,

Concerning the formation of Pyithu Hluttaw, the following detailed basic was adopted:

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.

Hluttaw representatives should be elected on the basis of township as well as on the basis of population. 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.

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.

If the abovementioned detailed basic is adopted the usage the Hluttaw formed with Hluttaw representatives elected on the basis of population should be substituted with the usage the Hluttaw formed with Hluttaw representatives elected on the basis of township as well as on the basis of population.

Mr Chairman,

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 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 represen-tatives are inclusive in the state or division or the region or state they are included in.

Mr Chairman,

The following detailed basic principle was adopted in connection with 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) Cocogyun Township which has a special situation is designated as Union territory and placed under direct administration of the President of the Union,

(c) 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.

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. 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. The designation of Yangon and Cocogyun Township as Union territories should be revoked.

As regards the designation of Union territories, 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,

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,

In laying down the detailed basic principles for the sharing of judicial power, 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.

Hence, 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'. We also consider that some of 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.

We unanimously agree to 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.

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

Yangon, 16 Aug - The following is the suggestions of Delegate Group of Intellectuals and Intelligentsia 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 National Convention Convening Commission, the chairman and members of the Work Committee, the chairman and members of the Management Committee, and delegates, may you be blessed with physical and mental well-being. I am National Convention delegate Daw Khin Mar Yee of the Delegate Group of Intellectuals and Intelligentsia.

Mr Chairman,

Now, basic principles and detailed basic principles for 15 chapters have been adopted successfully due to Union Spirit and unity of the representatives of the eight National Convention delegate groups and the goodwill of the State and the people.

Mr Chairman,

The State Constitution will soon be drafted with the basic principles and detailed basic principles the National Convention has adopted. An artist has to examine and put finishing touches to his semi-finished painting so that it becomes more attractive. Likewise, we delegates have to review the basic principles and detailed basic principles we have adopted through discussions. The forthcoming State Constitution is to be based on these adopted basic principles and detailed basic principles.

When we conducted reviews about the basic principles and detailed basic principles, we perceived that as the Work Committee chairman explained at the plenary session on 6 August 2007, it is required to amend, repeal, transfer or add suitable words to some principles, and omit some principles that no longer need to be prescribed.

We also reviewed the basic principles and detailed basic principles thoroughly to make sure that there is contextual uniformity among them, they become more specific and comprehensible, and the State Constitution can be drafted clearly and precisely. Now, I would like to present our group's opinions.

Mr Chairman,

One hundred and four fundamental principles were laid down for the 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 basic principles are to be followed by the State as guidelines in general. 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 opportunity is not ripe yet. In order to avert such undesirable situation, there must be a detailed basic principle to protect the State. 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?: ?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 and it should be adopted as a detailed basic principle.

Mr Chairman,

The term State is defined in the 50th para of the Chapter Citizenship, Fundamental Rights and Duties of Citizens. This point should be amended 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.

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. The statement was to highlight the minimum years of service in this regard. With respect to 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 avert possible future disputes. So, the words at least should be added to the point. And a person who has served as advocate for at least 15 years should be adopted as a detailed basic principle.

Of the basic principles for the Chapter State Fundamental Principles, sub-para (d) of the para 2 states flourishing of genuine multiparty democracy system; the para 3 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. Sub-para (a) of para 2 of the adopted detailed basic principles for the chapter Political Parties states A political party shall accept and practise discipline-flourishing genuine multiparty democracy. These points carry a word discipline-flourishing. The democracy Myanmar will practise in the future should be a discipline-flourishing genuine multiparty democracy system. Therefore, the term prescribed in para 2 sub-para (d), para 3 and para 28 of the Chapter State Fundamental Principles should be discipline-flourishing genuine multiparty democracy.

Mr Chairman,

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, it 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. It is needed to ensure contextual uniformity and to avert possible disputes in future. 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.

Sub-para (g) of para 34 for the formation of the executive states. The Okkahta of the self-administered division or self-administered zone is Minister in the region or state concerned. As such, provisions in the Constitution applying to the Ministers of the region or state will also apply to the self-administered division Okkahta or self-administered zone Okkahta. Sub-para (e) of para 22 states, The Region or State Chief Minister shall submit the names approved by the Region or State Hluttaw, that of Okkahta of the self administered division or self-administered zone and that of Hluttaw representatives elected to undertake the affairs of national races for appointment as Region or State Ministers.

So, such persons will be automatically appointed Minister of the respective Region or State. They may meet all the qualifications of a Hluttaw representative but can be younger than 35, the minimum age limit for Region or State Minister. However, 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 amended as shall exercise relaxation of stipulation on age limit.

Mr Chairman,

At the plenary session held to adopt detailed basic principles for the formation of executive, the Work Committee explained that the expressions in sub-para (f) of para 28 and sub-para (c) of para 31 do not seem clear nor comprehensible. To ensure clear and comprehensible expressions in drafting the State Constitution,

(a) 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?, should be adopted as sub-para (f) of para 28, and

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, as sub-para (e) of para 31.

Now, I would like to discuss the Work Committee chairman's clarification to formation of Pyithu Hluttaws.

The Pyithu Hluttaw is termed as the Hluttaw formed with Hluttaw representatives elected on the basis of population, so the election of Pyithu Hluttaw representatives will have to be based on population. If the Constitution has a principle saying that election should be based on population, it will be not possible to elect one representative each from every township. If the election of the Pyithu Hluttaw representatives is based on population, Regions will be able to elect 237 representatives and they will have 31 more representatives; and the States will be able to elect only 93 representatives and they will have 31 less representatives. If the election of the Pyithu Hluttaw representatives is based on population and township, Regions will be able to elect 206 representatives and the States, 124 which is plus 31. So, it is needed to amend the principle by which designating number of representatives is based on local population that can help states enjoy better ratio of hluttaw members, and on townships. When the number of townships is more than 330 due to national development, the number of hluttaw members will be over 330. If so, the new township should be combined with a suitable adjacent township to form a constituency. According to the adopted detailed basic principle, population-based constituencies have been designated for the formation of the Pyithu Hluttaw and not more than 330 Pyithu Hluttaw representatives must be elected. Thus, 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,

Regarding the formation of the Amyotha Hluttaw, it is said that a detailed basic principle has been adopted that Amyotha Hluttaw shall be formed with 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 totalling 224; that 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. Therefore, 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,

Regarding the designation of Union territories, it is stated that Yangon City, that is the Capital of the Union, and Cocogyun Township which has a special situation are designated as Union territories and placed under direct administration of the President of the Union, and 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. And a detailed basic principle has also been adopted that the capital of the State is Nay Pyi Taw. Therefore, need arises to revoke the designation of Yangon as a Union territory, to designate the municipal area of Nay Pyi Taw, the Capital of the State, should be designated as a Union territory, and to revoke the designation of Cocogyun Township as a Union territory. In this regard, Nay Pyi Taw has been designated as the capital of the nation. So, the point should be adopted as a detailed basic principle after making an amendment.

I would like to discuss that Yangon, previous capital, has fine traditions and is an economic hub of the nation. Moreover, it has significant situations on national security and defence. So, as the Work Committee explained, Yangon is no longer the capital of the nation, but remains as a commercial city. We are in support of this point.

Under an adopted detailed basic principle, Nay Pyi Taw has been designated as the capital of the nation. So, I would like to suggest that the term capital Yangon should be replaced with the term Nay Pyi Taw, and the term ?Chairman of Yangon Council?, with the term ?Chairman of Nay Pyi Taw Council.

Mr Chairman,

Of the detailed basic principles for the sharing of judicial power, 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. Now, the designation of Yangon and Cocogyun Township has been repealed, and Nay Pyi Taw has been designated as the capital. So, that expression 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.

The Work Committee chairman explained that 104 fundamental principles were laid down for the chapter State Fundamental Principles of the 15 chapters to be included in the State Constitution; that an exception was prescribed to carry on in that regard; that according the points prescribed in the exception, some detailed basic principles were transferred to suitable chapters; that of them, some fundamental principles should still be prescribed, and some should not be contained in the chapter State Fundamental Principles; that the points are 15 in total, and two points were transferred to the Chapter. The Head of State, 11 points, to the Chapter Citizenship, Fundamental Rights and Duties of Citizens, and two points, to the Chapter General Provisions. Since the laying down of the 104 fundamental principles as detailed basic principles, some had been transferred to relevant chapters. So, we consider that these points should no longer be prescribed in the chapter State Fundamental Principles. So, I would like to make a suggestion that it no longer needs to prescribe these points in the chapter State Fundamental Principles.

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

Yangon, 16 Aug - The following is the suggestions of Delegate Group of State Service Personnel 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 delegates,

I am U Aung Kyaw Soe, a representative of the Delegate Group of State Service Personnel of the Ministry of Finance and Revenue.

At the plenary session held on 6 August 2007, the Work Committee Chairman explained the matter concerning the amendment, addition and repeal of the adopted fundamental principles and detailed basic principles. We studied the Work Committee Chairman's clarifications in all seriousness. In his clarifications, the Work Committee Chairman said, I will now explain the matter concerning the amendment, the repeal, the transfer, the omission 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 proper contextual order, to define the adopted objectives and detailed basic principles more clearly and to draft the Constitution more precisely and clearly. The world at present is ever changing. So, we also need to make changes to always adapt ourselves to the advancing time and situation. Hence, the Work Committee Chairman's clarifications are realistic and objective. So we compiled our suggestions after seriously reviewing his clarifications. We submitted our collection of suggestions at the group meeting held on 8 August 2007 and unanimously approved them.

Mr Chairman,

As regards a detailed basic principle to protect the State against lawsuit, the Work Committee Chairman said, 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 section 32 of the Chapter IV of the 1947 Constitution stated. 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 shall not be enforceable in any court or law. A similar statement is also stipulated in the constitutions of some neighbouring nations.

The State will have to carry out the said functions in accord with the time and situation after objectively studying the current prevailing condition. Actually, it is necessary to adopt a detailed basic principle that will protect the State from such acts.

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 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.

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. There may be occasions in which the legislative power and executive power are exercised by an organization or by a person. We find that the clarifications of the Work Committee Chairman ensure contextual order and clearer definition for the adopted detailed basic principles and prevent occurrence of disputes in the future.

In our view, the para (50) of the Chapter Citizenship, Fundamental Rights and Duties of Citizens. In this ChapterThe 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. It is like fixing the period at 15 years. 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. The statement was to indicate the least required period for the said matter.

In drafting the Constitution, it should be stated at least 15 years to ensure a harmonious context, to prevent against occurrence of disputes in the future and to express the least required period. 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 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. It 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.

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

Mr Chairman,

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

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

It should be to clearly express the difference between the term Supreme Court of the Union and the term High Court of the Region or State. The 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 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.

In our view, 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,

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, it should be used shall exercise relaxation of stipulation on age limit.

In this regard, 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:

(l) (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 subpara (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 subpara (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. To have a proper contextual order and clearer meaning the expression should be in accord with their original meaning and essence.

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,

The plenary session of the National Convention held on 28 March 1996 adopted 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 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 Pyithu Hluttaw is termed as the Hluttaw formed with Hluttaw representatives elected on the basis of population, the election of Pyithu Hluttaw representatives will have to be based on population. If the Constitution has a principle saying that election should be based on population, it will be not possible to elect one representative each from every township.

National races are residing in the townships of the Union of Myanmar. Population of some townships is large and some is small. National races are collectively living in almost all the townships. Hence, if the designation of the township-wise constituencies and election is based on population, we will be able to allow a large number of national races to take part in the Pyithu Hluttaw as representatives. We agree to the designation of constituencies township-wise to elect Hluttaw representatives.

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. The 330 Pyithu Hluttaw representatives will be elected one each from every such designated constituency.

We agree 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:

(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 formation of Amyotha Hluttaw, it is stated as follows:

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

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.

The abovementioned detailed basic principle 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 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:

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 Union. Now, the government of the Union of Myanmar and the offices of the central governments are based in Nay Pyi Taw. The National Convention held on 3 August 2007 adopted the detailed basic principle, which says that Nay Pyi Taw is the capital.

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. The designation of Cocogyun Township as Union territories should be revoked.

In our view, 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.

Mr Chairman,

We also agree that 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.

Moreover, 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.

The Work Committee Chairman explained that of the State Fundamental Principles, the two principles transferred to the Chapter Head of State, the 11 points transferred to the Chapter General Provisions, and the two points transferred to the Chapter Citizenship, Fundamental Rights and Duties of Citizens will not be stated any more in the Chapter State Fundamental Principles. His explanation is appropriate and is in accord with the exception of the 104 fundamental principles. We agree to his explanation.

We also agree to the Work Committee Chairman's clarification, The plenary session of the National Convention held on 2 August 2007 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. The two detailed basic principles are exactly the same, in word and in essence. I consider that it is more appropriate that the detailed basic principle should be prescribed in the Chapter Transitory Provisions.

Therefore, I would say that 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 as it is appropriate.

Mr Chairman,

Now, we have presented our suggestions in connection with the Work Committee Chairman's clarifications. After the completion of necessary amendments, additions and repeals, the National Convention will conclude successfully. The next step is to draft the Constitution in accord with the adopted fundamental principles and detailed basic principles. In drafting the State Constitution in accordance with the fundamental 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.

Hence, there should be an agreement, saying, The NC shall 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.

As we of the group are State service personnel, we made ardent efforts to compile suggestions in view of serving the interest of the nation and the people. We find that the amendments, additions and repeals should be made after holding discussions and coordination for the Constitution to be free from loopholes and weaknesses.

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

Yangon, 16 Aug - The following is the suggestions of Delegate Group of Other Invited Persons 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, the chairmen and members of the subcommittees, and delegates, may you be blessed with physical and mental well-being.

I am National Convention delegate U Hmaing of the Delegate Group of Other Invited Persons. I am from Kayah State Special Region (1).

Today, we can be proud of the success the nation has achieved. It has been nearly 19 years our country has been in the absence of a new State Constitution. When the new State Constitution is in force, the people can enjoy the fundamental rights of freedom, equality and justice.

Collecting similar suggestions and adjusting different views and suggestions are keys to success in this regard.

The Delegate Group of Other Invited Persons consists of representatives from 27 groups including special regions, and personally-invited representatives.

Since 1993, we have attended the National Convention that is necessary for introducing the discipline-flourishing genuine democracy system.

So far, the National Convention has successfully adopted chapter-wise headings, State fundamental principles, and detailed basic principles for 15 chapters. All members of our group took time and held discussions in various sectors in compiling our proposal paper.

As a result, several of our suggestions are adopted as detailed basic principles in some chapters.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman explained the basic principles and detailed basic principles that should be amended, repealed, transferred, added or omitted, as appropriate so that they conform with the prevailing situations, there is contextual uniformity in them, the initial aims and essence of the principles become clearer and more comprehensible, and the State Constitution can be drafted more specifically.

We held discussions about the explanation at the meeting of our group on 7 August 2007, and coordinated at the meeting of the proposal paper-compiling group.

In that regard, the representatives presented their support for the 15 points the Work Committee chairman had explained, and another point. Then, the presentation was compiled into a proposal paper and sought the approval of all representatives at the meeting of our group on 9 August 2007.

These points are:

1. Para 3 of Chapter General Provision.

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.

2. In the 50th point of Chapter Citizenship, Fundamental Rights and Duties of Citizens,

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.

3. Regarding the qualifications set for the judges of the High Court of the Region or State in Formation of Legislature, para 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.

4. The expression genuine multiparty democracy system prescribed in sub-para 4 of para (b), para (c) and para (28) should be added as discipline-flourishing genuine multiparty democracy system.

5. The expression Pyidaungsu Taya Hluttaw prescribed in sub-paras 1, 2 and 3 of para (i) in Chapter State Fundamental Principles should be amended as Pyidaungsu Taya Hluttawgyoke.

6. The expression The President of the State may exercise relaxation of stipulation on age limit prescribed in sub-para (h) of para 22 of Formation of Executive should be The President of the State shall exercise relaxation of stipulation on age limit.

7. Sub-para (c) of para 31 says, ?The Auditor-General of the Region or State shall be responsible to the President through the Chief Minister of the Region or State concerned, to the Union Auditor-General and to the Chief Minister of the Region or State concerned.

In the above-mentioned detailed basic principles, the terms and expressions 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.

Therefore, the expressions prescribed in sub-para (f) of para 28 should be adopted as detailed basic principles. They are:

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 Union 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 Union Auditor-General and to the Chief Minister of the Region or State concerned.

8. Regarding formation of Pyithu Hluttaw, the points:

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 Defence Services should be adopted as detailed basic principles.

In this regard, I would like to make a suggestion that the expression Hluttaw elected on the basis of population should be amended as ?Hluttaw elected on the basis of townships or population.

9. Regarding Formation of Amyotha Hluttaw, 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.

10. Regarding the designation of Union territories, the 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,

5. 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.

11. If it is agreed to designate 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, prescribed in para 35 and in the detailed basic principles on designation of the status of the Chairman and members of Yangon Council prescribed in para 36 should be replaced with the term Nay Pyi Taw.

12. 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.

13. The expression prescribed in 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.

14. 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 but some should no longer be prescribed in the chapter.

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.

I 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,

15. The plenary session of the National Convention held on 3 March 2005 laid down detailed basic principles for the sharing of legislative power. In this regard, para 15, sub-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.

The plenary session of the National Convention held on 2 August 2007 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.

The two detailed basic principles are exactly the same, in word and in essence. I consider that it is more appropriate that the detailed basic principle should be prescribed in the Chapter Transitory Provisions. In the 1947 constitution, Section 226, para 1, which is similar to the detailed basic principle in meaning is prescribed in the Chapter ?Transitory Provisions.

Therefore, I would say detailed basic principle para 15, sub-para 5 in the sharing of legislative power no longer needs to be prescribed, and it should be revoked.

Mr Chairman,

If the National Convention approves and adopts the detailed basic principles I have presented, it will successfully complete the adopting of basic principles and detailed basic principles of the 15 chapters to be included in the State Constitution. When the National Convention completes successfully, it will need to implement the second step and third step of the State's seven-step Road Map. After the successful holding of the National Convention, step by step implementation of the process necessary for the emergence of a genuine and disciplined democratic system and Drafting of a new constitution in accordance with basic principles and detailed basic principles laid down by the National Convention.

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.

I would like to make a suggestion that the National Convention should approve the 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.

Esteemed Mr Chairman,

The State Constitution is as important as lifeblood for the country concerned. It can create a prosperous future of the nation in the political, economic and social affairs.

The backbone is of importance for a human body. Likewise, the State Constitution is important for a country. A human body can stand firmly only with a strong backbone. Similarly, a nation will be strong only when it has a State Constitution.

The State Constitution not only boosts the sustainable development of a nation but also guarantees a bright future of its people. The people can place their reliance on it.

Almost all countries have their State constitutions. A State Constitution must indicate the conditions and development and backwardness of the nation concerned. And it must be the one that can fulfill the wishes of the people.

The State Constitution is a necessity for a nation. Our country has practised two State constitutions. However, they are not reliable enough. They did not reflect the life of the people, nor could they improve the living conditions of the people. The 1947 constitution lasted till to 1962, and 1974 constitution, to 1988. The Tatmadaw took the leadership role in protecting the motherland. So, the nation has not collapsed and stood tall with sovereignty in the world.

If there is a question ? Does your country need a firm and reliable State Constitution, I will say Yes.

In accordance with the historical necessity, for emergence of an enduring State Constitution for sustainable development of the nation, the Tatmadaw government is convening the National Convention with the representatives of people from all walks of life, exerting goodwill and facing a variety of difficulties.

The delegates are away from their homes for a long period to attend the National Convention and make good suggestions through the experiences and knowledge they have gained.

Now, the points to amend, add or repeal basic principles and detailed basic principles for the chapters have been collected. So, it can be said that the basic principles for the State Constitution have been compiled.

Throughout the National Convention, the representatives of people from all strata of life, various national races, and townships have held discussions and made suggestions.

The basic principles and detailed basic principles are compiled for the State Constitution, taking lessons and avoiding the defects and loopholes and choosing suitable ones from the 1947 constitution, the 1974 constitution and the constitutions in force of many other countries.

In conclusion, I would say the people will soon enjoy the fruits of the National Convention that is nearing completion.