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

Yangon, 23 Aug - The following is the clarification of Chairman of the National Convention Convening Work Committe Chief Justice U Aung Toe yesterday on matters regarding the amendments, the additions and the repeals out of the fundamental principles and detailed basic principles that have been adopted by the National Convention.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said that regarding the designation of Union territories, the National Convention plenary session held on 9 April 1994 laid down detailed basic principles. They are:

(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. Therefore, need arises to amend the expression Yangon City, that is the Capital of the Union prescribed in one of the three above-mentioned detailed basic principles. Yangon is not the capital of the nation any longer, and 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 as Yangon Region.

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). Therefore, discussions are to be held and suggestions, to be made to decide whether or not the detailed basic principles:

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,

(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.

Presenting their opinions about the Work Committee chairman's explanation;

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

the parties representing the Delegate Group 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;

- Wa National Development Party, and

three independent representatives-elect from the Delegate Group of representatives-elect Dr Hmu Htan, U Aung Thein and U Tun Kyaw and six independent representatives-elect from the Delegate Group of representatives-elect U Tin Win, U Thein Kyi, U Hla Soe, U Mya Hlaing, U Kyi Win, and U Tin Tun Maung suggested that the points should be adopted as detailed basic principles.

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, the points:

Regarding the designation of Nay Pyi Taw, the Capital of the State, as a Union territory:

5. Designation of Union territories,

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

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said, If you agree to my proposal of designating Nay Pyi Taw, the Capital of the Union of Myanmar, as a Union territory placed under direct administration of the President, detailed basic principles to be adopted for Nay Pyi Taw should be the same, as that for Yangon Council.

Therefore, discussions are to be held and suggestions to be made to decide whether or not the term 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.

It is no longer needed to prescribe the detailed basic principles on administration of Cocogyun Township, a Union territory, prescribed in para 37, so they will not be prescribed any longer.

Presenting their opinions about the Work Committee chairman's explanation,

- Delegate Group of peasants;

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

the parties representing the Delegate Group 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;

- Wa National Development Party, and

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, a detailed basic principle is adopted to replace the term Yangon prescribed in para 35 and para 36 of Formation of Executive with Nay Pyi Taw, and the term Chairman of Yangon Council prescribed in sub-para (c) 6 of para 16 of Formation of Financial Commission, with the term Chairman of Nay Pyi Taw Council, and to revoke para 37 of Formation of Executive.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said, 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.

As I have explained, 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.

Therefore, I would like you to give advice and make suggestions to determine whether or not 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.

Presenting their opinions about the Work Committee chairman's explanation,

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

- the parties representing the Delegate Group 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;

- Wa National Development Party, and

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, the point:

With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw is adopted as detailed basic principle sub-para 4 (a) of para 6.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said, When detailed basic principles were laid down according to the chapter headings, the principles relevant to respective chapters were transferred as the 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 not be done so.

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.

Presenting their opinions about the Work Committee chairman's explanation,

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

- the parties representing the Delegate Group 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;

- Wa National Development Party, and

three representatives-elect from the Delegate Group of representatives-elect Dr Hmu Htan, U Aung Thein and U Tun Kyaw and six representatives-elect from the Delegate Group of representatives-elect U Tin Win, U Thein Kyi, U Hla Soe, U Mya Hlaing, U Kyi Win, and U Tin Tun Maung suggested that the points should no longer be prescribed.

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, the points:

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.

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.

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

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 have been transferred to relevant chapters. So, these points are no longer contained in the Chapter State Fundamental Principles.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said, 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, sub-section 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 will be revoked.

Presenting their opinions about the Work Committee chairman's explanation,

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

the parties representing the Delegate Group 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;

- Wa National Development Party, and

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, the point:

Detailed basic principle para 15, sub-para 5 in the sharing of legislative power is revoked.

Mr Chairman,

At the plenary session held on 6 August 2007, the Work Committee chairman said, 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 accord with basic principles and detailed basic principles laid down by the National Convention.

In drafting the State Constitution in accord 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.

In conclusion, 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.

Presenting their opinions about the Work Committee chairman's explanation,

- Delegate Group of national races;

- Delegate Group of peasants;

- Delegate Group of workers;

- Delegate Group of intellectuals and intelligentsia;

- Delegate Group of State service personnel;

- Delegate Group of other invited persons;

- the parties representing the Delegate Group 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;

- Wa National Development Party, and

Furthermore, the panel of alternate chairmen of the National Convention plenary session citing the collection of the panel of chairmen presented that the Work Committee will have to carry on as approved by the National Convention.

Therefore, in accord with the suggestions of the Delegate Groups of the National Convention and many delegates of these delegate groups, the expression the National Convention said:

as approved by the National Convention, we will have 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 is put on record.

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, added or repealed. In that regard, the Delegate Group of National Races made a separate suggestion.

The group said, ?Sub-para (a) para 19 of General Provisions states as follows:

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) misbehaviour;

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

(5) inefficient discharge of duties;

There are similar detailed basic principles to impeach the Chairman of the Union Election Commission or one of the members in accord with the above-mentioned 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 ?inefficient discharge of duties 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 inefficient discharge of duties assigned to him in accord with the law.

In our view, the point inefficient discharge of duties assigned to him in accord with the law should be added as detailed basic principle 5 after detailed basic principle 4 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 inefficient discharge of duties should be substituted with the expression inefficient discharge of duties assigned to him in accord with the law.

The expressions are prescribed in accord with the suggestion, all detailed basic principles on impeachment will be same and more specific in meaning. Similarly, the expression inefficient discharge of duties? prescribed in para 6, sub-para 5 in Chapter Election should also be amended as mentioned above. Only when will there be contextual uniformity in the State Constitution.

The suggestion conforms with the already-adopted principles, so it deserves serious consideration. As to whether the suggestion should be adopted as a detailed basic principle or not, the National Convention Convening Work Committee consulted with the members of the panel of chairmen. Then, the members of the panel of chairmen held discussions with respective delegates, and submitted the opinions of the delegate groups to the Work Committee by letter. All delegate groups suggested that the expressions should be amended in accord with the suggestion.

So, according to the suggestions of many delegates,

- impeachment of the President or the Vice-President prescribed in sub-para (a) 5 of para 16,

- impeachment of a Union minister prescribed in sub-para (a) 5 of para 4,

- impeachment of the Union Chief Justice prescribed in sub-para (a) 5 of para 8,

- impeachment of Union Auditor-General prescribed in sub-para (a) 5 of para 14,

- impeachment of the Chief Minister of Region or State prescribed in sub-para (a) 5 of para 23,

- impeachment of Union Chief Justice or a justice of Union Supreme Court prescribed in sub-para (a) 5 of para 4, and sub-para (a) 5 of para 5,

- impeachment of the chief justice or a judge of Region or State High Court prescribed in sub-para (a) 5 of para 12, and sub-para (a) 5 of para 13,

- impeachment of the chairman or a member of the Constitutional Tribunal prescribed in sub-para (a) 5 of para 19,

- impeachment of the chairman or a member of the Union Election Commission prescribed in sub-para (a) 5 of para 10, and

- recalling the duties of a Hluttaw member prescribed in sub-para 5 of para 6 are amended as:

- inefficient discharge of duties assigned to him in accord with the law.

Mr Chairman,

To ensure that the adopted detailed basic principles are clearer and more comprehensible, and the State Constitution is drafted more precisely and clearly, the Work Committee evaluated the adopted basic principles and detailed basic principles. In that regard, para 18 on formation of courts at different levels under Region or State High Court prescribed in the formation of judiciary and sub-para (a) of para 19 on appointment of justices, giving them judicial powers, and prescribing duties, rights and privileges state the expression under the High Court of the Region or State.

Legally, the scope of the term under supervision is wider than that of the term under in terms of meaning. Therefore, in meeting with the members of the panel of chairmen, the Work Committee presented that the word under should be replaced with the expression under supervision. Then, the members of the panel of chairmen held discussions with respective delegates, and submitted the opinions of the delegate groups to the Work Committee by letter. All delegate groups suggested that the expression should be amended in accord with the suggestion.

Thus, according to the suggestions of the delegate groups and many delegates:

Para 18 is amended as In connection with formation of various levels of courts under the supervision of the High Court of the Region or State:

Under the supervision of the High Court of the Region or State, there are the following levels of courts, and

Sub-para (a) of para 19 as: appointing judges at various levels of courts under the supervision of the High Court of the Region or State, giving them judicial powers and prescribing their duties, rights and privileges shall be in accord with law.

Mr Chairman,

The National Convention adopted detailed basic principles for prescribing self-administered areas. In that regard, one of the detailed basic principle says, to group together Hopang, Mongmao, Panwaing, Narphan, Manphant and Panyang Townships? six townships in Shan State into two districts and prescribe it Pa-O Self-Administered Zone.

Under the Notification dated 30-7-2002, the Ministry of Home Affairs renamed two townships in Wa Self-Administered Division: Manphant Township as Panhsan (Pankham) Township, and Pangyan Township, as Metman Township.

So, I will use new names to mention such townships in presenting the basic principles and detailed basic principles as a whole.

Mr Chairman,

Now, I have presented the basic principles and detailed basic principles the Work Committee has adopted. The State Constitution will be drafted based on these principles.

Binding methods and follow-up methods are stated as exceptions for the convenience of the National Convention in adopting the basic principles and detailed basic principles. Moreover, the matters to be carried out forthwith by the National Convention are prescribed.

The National Convention has carried out these matters, so they no longer need to be mentioned.

Now, the National Convention has successfully adopted the basic principles and detailed basic principles to be included in the State Constitution, so I consider that there is no need to mention the points I have presented.

To ensure that the basic principles and detailed basic principles are clear and simple and the matters are notable, the exceptions and the matters to be carried out forthwith by the National Convention are no longer prescribed. They are:

1. Sub-para 5 of para (h) of Chapter State Fundamental Principles and explanations prescribed at the end of that chapter,

2. Detailed Basic Principles from 1 to 5 of Chapter The State have been transferred to the basic principles related to the State in the Chapter State Fundamental Principles. Paras from 1 to 5 and explanations,

3. Explanations in the Chapter The State Structure,

4. Explanations in the Chapter The Head of State,

5. Sub-paras 5 and 6 of para (d) in the Chapter ?State Fundamental Principles?,

6. In accord with the methods to be implemented forthwith by the National Convention to delineate self-administered divisions and zones, the National Convention has delineated one self-administered division and five self-administered zones. paras from (a) to (d) on methods to delineate self-administered zones,

7. Para 34 (n) of Formation of Executive.

Mr Chairman and delegates,

Now, the National Convention has successfully adopted the Basic Principles and Detailed Basic Principles to be included in the State Constitution. In conclusion, I have to express my sincere thanks to the delegates for holding discussions actively and making positive suggestions throughout the National Convention being held for emergence of an enduring State Constitution. And I recognize and am proud of their collective efforts to complete the National Convention successfully. MNA