The list of three members each nominated by the President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw, and a member nominated for chairmanship of Constitutional Tribunal among the nine members shall be submitted to the Pyidaungsu Hluttaw for its approval

Yangon, 31 Dec— The following is a translation of proposals on laying down detailed basic principles for chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution presented by the Delegate Group of Workers at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 28-12-2006.

The following is the full text of the proposal submitted to the plenary session of the National Convention by the Delegate Group of Workers for adoption of the detailed basic principles for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution.

Mr Chairman and members of the Panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee and NC delegates, may you be all blessed with physical and mental well-being.

I am NC delegate representative of the delegate group of workers U Thin Kyu of Thanlyin Township in Yangon Division.

At the NC plenary session held on 10 and 13 November 2006, the Work Committee chairman proposed the detailed basic principles for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution.

These chapters are also very important and win the attraction of the people.

Mr Chairman,

We representatives of the delegate group of workers ardently compiled our suggestion paper about the points the Work Committee chairman explained for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution. I will read out the proposal together with other representatives from the delegate groups of workers: U Ohn Win of Kyangin Township in Ayeyawady Division, U Maung Maung of Minhla Township in Magway Division, U Tin Sein of Pyay Township in Bago Division and U Nyan Oo of Mawlamyine Township in Mon State.

Mr Chairman,

As “Everything is impermanent”, all the nations are upgrading or transforming the political, economic and social systems concerned into better ones in a positive way in the interests of their peoples.

Our country is also making necessary changes for building a peaceful, stable, modern, developed and democratic nation by framing an enduring State constitution. In addition, the National Convention is adopting detailed basic principles through thorough discussions for prescribing appropriate political, economic and social systems, which are in conformity with the prevailing conditions, in the State Constitution.

Mr Chairman,

Only through amendments to the State Constitution prescribed in the upcoming State Constitution as a chapter, will our country be able to keep abreast of the internal and external political changes.

It is a tradition that “Amendment of the State Constitution” is prescribed as an important chapter in the State Constitutions of the nations. The previous State constitutions of our nation prescribed principles on amendment to the State constitution.

So, the upcoming State Constitution is to prescribe the Chapter “Amendment of the State Constitution”, an important chapter.

Mr Chairman,

If a provision on amendments is prescribed in a very convenient way or with too restricted provisions in disregard of the prevailing conditions and the views and stances of the people, the nation may face unrest and uncontrollable incidents. The historic evidences have shown that the nation faces evil consequences every time such unrest and uncontrollable incidents are followed by anarchic and destructive acts.

Moreover, the expressions of the provisions prescribed in the State Constitution should be easily comprehensible to the people and the number of ambiguous terms and statements in the State constitution should be reduced as many as possible. The historic evidences have showed that unnecessary demands for amendments to the State Constitution interpreting the statements in the constitution bilaterally brought political crises to the nation. And the attempts to amend some sections and articles of the previous State constitutions led to many political disputes about other provisions of the constitutions. Taking invaluable lessons from those awful evidences, we should avoid too restricted provisions and provisions whch can be amended early because such provisions will attract demands for amendments. So, the provisions are to be prescribed in a specific way to be able to amend some articles or chapters democratically when demands are made to amend some provisions.

Therefore, the point:

“If there is wish to amend anyone of the provisions of this Constitution, the following methods shall be applied:

(a) The proposal to amend the Constitution shall be submitted in the form of a Bill.

(b) A Bill to amend the Constitution shall contain no other proposals.”

should be adopted as a detailed basic principle.

Mr Chairman,

It has already been explained in the discussions about a detailed basic principle that the proposal to amend the Constitution shall be submitted in the form of a bill. But, there should be a detailed basic principle that prescribes which Hluttaw should initiate the bill. The new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw, the highest organ, comprises the said two Hluttaws. According to the experiences of the Hluttaws of other nations and our nation’s Hluttaws, there may be a difficulty or delay due to failure to reach an agreement because of the fact that a Hluttaw cannot accept a bill initiated by another Hluttaw. And such a disagreement may grow into a rivalry between two Hluttaws.

Mr Chairman,

The Pyidaungsu Hluttaw that will come into being under the upcoming State Constitution will be made up of Hluttaw members who put in the fore the interests of the nation and the people. And it will consist of the Pyithu Hluttaw and the Amyotha Hluttaw. So, it will be the highest organ in the nation. Therefore, the point:

“Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw”

should be adopted as a detailed basic principle.

Mr Chairman,

However, specific procedures to submit the bill to the Pyidaungsu Hluttaw should be prescribed. If a build is submitted just to fulfil the wish of a member or the minority of the members of the Pyidaungsu Hluttaw, it will be a waste of time at the session of the Pyidaungsu Hluttaw.

In this regard, it is required to prescribe a principle that the Pyidaungsu Hluttaw should consider discussing the bill only if at least 20 per cent of all the members of the Pyidaungsu Hluttaw submit it. In this regard, the minority and the majority of the members are to recognize each other’s wish in the practice of democracy with flourishing discipline.

Therefore, the point:

“The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if at least 20 per cent of all the Pyidaungsu Hluttaw members submit it.”

should be adopted as a detailed basic principle.

Mr Chairman,

It is important to prescribe the procedures to make amendments to specific provisions of the State constitution. In the constitutions of some nations, it is prescribed that the main provisions can be amended after seeking the public approval through a referendum, and that some provisions can be amended only with the approval of the members of the Chamber concerned. In other nations, some provisions can be amended with the proportionate ratio of the votes of all the MPs.

The 1974 Constitution prescribed the amendment of the Constitution in a separate Chapter, which said, “The main articles shall be amended with the prior approval of 75 per cent of all the members of the Pyithu Hluttaw, in a nationwide referendum only with a majority vote of more than half of those who have the right to vote. Provisions other than those mentioned in the Clause shall be amended only with a majority vote of 75 per cent of all the members of the Pyithu Hluttaw.”

Mr Chairman,

The chapters in the State Constitution such as the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary and Provisions on State of Emergency are the most important ones. If some provisions are prescribed to make unrestricted amendments to or to annul such important chapters, the State Constitution will be ineffective. So, necessary principles should be adopted so that such important principles cannot be amended unnecessarily.

Moreover, the members of the Pyidaungsu Hluttaw are to be convinced of and to sympathize the people’s wish, life and desire to be able to lead the people and to make prudent amendments to the State Constitution in advance in accordance with the desire of the people.

In the past, the nation saw unnecessary instigation of some people due to the fact that the people’s desire and life were beyond the reach. But, it is doubtful that taking to the streets and making demands and claiming “our cause” reflect the voice of the entire people. Nonetheless, it was too late to remedy the problems and crises.

Taking lessons from those undesirable incidents, the Chapter “Amendment of the State Constitution” is adopted through serious consideration and thorough discussions to ensure an endure the State Constitution.

Therefore, the points:

(a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nationwide referendum only with a majority vote of more than half of those who have the right to vote.

(b) Provisions other than those mentioned in the paragraph (a) shall be amended only with a majority vote of more than 75 per cent of all the members of the Pyidaungsu Hluttaw.

(c) Articles that are concerned with or inclusive in Chapters stated in the paragraph (a) shall be prescribed when drafting the Constitution.”

should be adopted as detailed basic principles.

Mr Chairman,

Therefore, I would say the four points the Work Committee chairman presented should be adopted as detailed basic principles.

Representative of the delegate group of workers U Ohn Win of Kyangin Township, Ayeyawady Division, will read the next part of our proposal.

State Flag, State Seal, National Anthem and Capital

Mr Chairman and members of the panel of chairmen, and National Convention delegates, I am Representative of the delegate group of workers U Ohn Win of Kyangin Township, Ayeyawady Division. I would like to make suggestions about the Chapter “State Flag, State Seal, National Anthem and Capital”.

Mr Chairman,

Every independent and sovereign nation has its own specific State Flag, State Seal, National Anthem and the Capital. Some nations stated them in the Constitution and in some nations, the legislative assembly promulgates separate laws concerning them.

Regarding the State Flag, the 1947 constitution prescribes the size, colours and marks as detailed points. And the 1974 constitution merely features the picture of the State Flag. In both constitutions, the State Flag is coloured with red, blue and white.

Mr Chairman,

At the NC plenary session held on 10 November 2006, the Work Committee chairman elaborated the points that should be adopted as detailed basic principles for the Chapter “State Flag, State Seal, National Anthem and Capital” that is to be included in the State Constitution.

Mr Chairman,

The State Flag represents a sovereign nation. Regarding the points about the State Flag, the Work Committee chairman explained that the Flag should be marked with green, yellow and red stripes in a proportionate ratio. On the left end of the green stripe at the top should be a big white star directing upwards in the State Flag.

In the State Flag, green colour means an agro-based country and stands for peace and tranquillity. Yellow is a royal colour and depicts solidarity, harmony, re-consolidation and love and unity of all the national races. Red means valour and decisiveness.

In addition, the three colours were portrayed in the flag of Doh Bamar Asiayon that took part in the independence struggles. They were also used for the flag and armband of the Burma Independence Army and the Burma Defence Army. The big white star is the symbol of the anti-colonialist and anti-fascist struggles launched with the people’s strength and it represented the Union.

Therefore, the point;

“(1) The State Flag shall be prescribed as follows:

The Flag is marked with green, yellow and red stripes in a proportionate ratio. On the left end of the green stripe at the top of the Flag is a large white star directing upwards.

(2) Law shall be promulgated concerning the State Flag.”

should be adopted as a detailed basic principle.

Mr Chairman,

In his explanation about the detailed basic principles for the State Seal of the Union of Myanmar, the Work Committee chairman presented the proposed State Seal. That proposed State Seal features the map of the Union of Myanmar and the words “The Union of Myanmar”.

One of the detailed basic principles says “Sovereign power of the State is derived from the citizens and is in force in the whole country” and “the State shall be known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw (the Union of the Republic of Myanmar)”. The State Seal the Work Committee chairman proposed, clearly portrays symbols of the detailed basic principles laid down for the State Seal.

Therefore, with the picture of the State Seal under it, the point:

“The State Seal shall be as shown below.”

should be adopted as a detailed basic principle.

Mr Chairman,

Now, I will discuss the detailed basic principles for National Anthem.

The present National Anthem has been used for more than 58 years. The 1974 Constitution prescribed, “The Pyithu Hluttaw shall prescribe the National Anthem. Until a new National Anthem is prescribed, the present National Anthem shall be used.” However, the present National Anthem has occupied the hearts of the people. Listening to the present National Anthem at the sports games or Independence Day commemorative receptions held abroad, a Myanmar citizen’s nationalistic fervour is aroused to the highest degree. That is evidenced by Myanmar nationals and members of selected Myanmar sports contingents.

Our nation has used the present National Anthem for more than half a decade. One of the objectives of the National Convention of the State says “Further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality”. And the State’s objectives cover non-disintegration of the Union, non-disintegration of national solidarity, and perpetuity of sovereignty. The present National Anthem reflects the tasks for ensuring perpetual existence of the Union that is the heritage handed down by ancestors, protection of the Union at risk to life, and harmoniously serving the interests of the Union.

Therefore, the point:

“The present National Anthem shall be prescribed as the National Anthem.”

should be adopted as a detailed basic principle.

Mr Chairman,

I would like to make suggestions about the points for designating the capital of the Union of Myanmar.

Mostly, the capitals of many countries are located in the centre of the nation concerned. Every nation designates a strategic city where the central offices of the government are based with smooth transportation as the capital.

Now, the State Peace and Development Council has established Nay Pyi Taw located in the centre of the nation as the capital city with the aim of enhancing national solidarity, and smooth transportation with other states and divisions. Being based in Nay Pyi Taw, the central offices of the government are discharging duties with the use of e-Government system like other countries. Therefore, the point:

“The capital of the State is Nay Pyi Taw.”

should be adopted as a detailed basic principle.

Representative U Maung Maung of the delegate group of workers from Minhla Township in Magway Division will read out the next part of our proposal.

Mr Chairman,

We representatives of the delegate group of workers unanimously support the points the Work Committee chairman explained for the Chapter “State Flag, State Seal, National Anthem, and Capital” and we suggest that these points should be adopted as detailed basic principles.

Transitory Provisions

Mr Chairman and members of the panel of chairmen, and NC delegates, I am Representative U Maung Maung of the delegate group of workers from Minhla Township in Magway Division.

Mr Chairman,

The situation of a nation before the Constitution does not come into force is somewhat different from that after the Constitution comes into force. It is, indeed, transition from one system to another. In the process, there follow changes in the major pillars—legislation, execution and jurisdiction—and economic and social infrastructures during the transitional period. It is required to prescribe transitory provisions in the State Constitution to ensure continuous exercise of State sovereign powers under “Principle and Theory of State Succession” during the transitional period.

Mr Chairman,

After a State Constitution is drafted, only if the date on which a Constitution comes into force is mentioned in advance, the Constitution will come into operation on that date. Our country has declared the State’s seven-step Road Map, and the fourth step says “Adoption of the Constitution through a national referendum”. Therefore, regarding the coming into force of the State Constitution, the point:

“This Constitution shall come into force throughout the Union after its adoption in a nationwide referendum by more than half of all the people who have the right to vote.”

should be adopted as a detailed basic principle.

Mr Chairman,

Hluttaws to be formed under the State Constitution will emerge only after Hluttaw members have been elected. The three sovereign powers of the State — legislative, executive and judicial powers — can be exercised continuously only if the State Peace and Development Council exercises the three sovereign powers during the transitional period between the adoption of the State Constitution and coming to being, of the Hluttaws and then hands them over. Therefore, with respect to ensuring continuous exercise of State sovereignty during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, the point:

“The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constitution.”

should be adopted as a detailed basic principle.

Mr Chairman,

The State Peace and Development Council should be vested with power to carry out legislative functions on behalf of the Pyidaungsu Hluttaw heretofore the Pyidaungsu Hluttaw comes into existence. In this regard, it is required to lay down a principle to recognize that the work done by the SPDC to bring the Constitution into force shall be deemed to have been carried out in accord with the Constitution. Therefore, regarding the work done by the State Peace and Development Council to bring the State Constitution into force till the date on which the State Constitution come into force, the point:

“The work done by the State Peace and Development Council to bring the Constitution into force shall be deemed to have been carried out in accord with this Constitution.”

should be adopted as a detailed basic principle.

Mr Chairman,

A detailed basic principle should be adopted that the Union of Myanmar takes over basic foundations built to realize the State objectives, and policy guidelines, laws, rules, regulations, orders, and proclamations issued to expedite all-round tasks for building a modern developed democratic nation by the State Peace and Development Council. Therefore, regarding that, the point:

“All policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the State Peace and Development Council shall be devolved on the Union of Myanmar.”

should be adopted as a detailed basic principle.

Mr Chairman,

Before a new Constitution comes into operation, the existing laws continue to be in force in a nation. After the new Constitution comes into operation, without prejudice to the new Constitution, the existing laws are to remain in force. And any existing laws contrary to the Constitution are to be amended or repealed from time to time by the Pyidaungsu Hluttaw. Therefore, regarding the existing laws, the point:

“Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.”

should be adopted as a detailed basic principle.

Mr Chairman,

After the new Constitution comes into operation, these existing rules, regulations, bye-laws, notifications, orders, directives and procedures are to remain in force if they are not contrary to the new Constitution, and to be annulled if they are contrary to the new Constitution. Therefore, regarding that:

“Existing rules, regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Union Government.”

should be adopted as a detailed basic principle.

Mr Chairman,

All the courts existing on the date of the coming into operation of the Constitution have to continue to practise jurisdiction until new courts have been established by the law in accord with the Constitution. Therefore, regarding the cases pending in courts at all levels on the date on which the Constitution comes into operation, the point:

“All courts existing on the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are established by law in accord with this Constitution. All cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the date on which the cases came up for trial.”

should be adopted as a detailed basic principle.

Mr Chairman,

All functioning administrative bodies or governmental bodies and service personnel are to continue in their functions. It is also required to ensure regular attendance of the service personnel. Therefore, regarding State service personnel, the point:

“All functioning State service personnel of departmental organizations including Tatmadaw under the State Peace and Development Council on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Government of the Union of Myanmar”

should be adopted as a detailed basic principle.

Mr Chairman,

We members of the delegate group of workers suggest that the eight points the Work Committee chairman presented for the Chapter “Transitory Provisions” should be adopted as detailed principles.

Representative of the delegate group of workers U Tin Sein of Pyay Township in Bago Division will read out the next part of our proposal.

General Provisions

Mr Chairman and members of the panel of chairmen and NC delegates, I am Representative of the delegate group of workers U Tin Sein of Pyay Township in Bago Division.

I would like to make suggestions about the detailed basic principle proposed for the Chapter “General Provisions”.

A Constitution is the main law that portrays the structure of that nation. It is also the main pillar of the other laws of a nation. So, all the laws of a nation should be in conformity with the Constitution. In the 1974 Constitution of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of the laws of the State. Therefore, the detailed basic principle:

“This Constitution is the basic law of laws of the State.”

should be adopted.

Mr Chairman,

Two of the laid-down detailed basic principles say:

(1) Myanmar language is the official language.

(2) 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 principles have been laid down to be in conformity with the current situation for the nation to enjoy greater degree of peace, stability and prosperity. The State fundamental principles are guidelines to be followed by the legislative Hluttaws in enacting laws and in interpreting provisions of the State Constitution and other laws, and that is prescribed in the 1974 Constitution of Myanmar and constitutions of some nations.

Not only the 1947 Constitution but also the 1974 Constitution prescribed that Myanmar language shall be the official language. Actually, Myanmar language is widely used in various parts of the nation. Myanmar language was designated as the official language with the purpose of ensuring uniformity and clarity in communications between the people and the government institutions, and among the government institutions, without any controversy.

Therefore, these two points should be adopted as detailed basic principles for the Chapter “General Provisions”.

Mr Chairman,

Although the Constitution may be translated into various languages, only the Constitution written in Myanmar language will be adopted and promulgated. So, if there arises a matter to interpret a provision it will be based on Myanmar text. The 1974 Constitution has a similar provision. Therefore, the point:

“Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on Myanmar text.”

should be adopted as a detailed basic principle.

Mr Chairman,

After adopting and promulgating the Constitution, there may be a need to interpret the exact meaning of an expression in practically implementing the Constitution. The 1947 Constitution prescribed the Burma General Clauses Act, and the 1974 Constitution, the Interpretation Law. Therefore, regarding the interpreting the expressions of the State Constitution, the point:

“Interpretation of the expressions of this Constitution should be referred to the existing Interpretation of Expressions Law.”

should be adopted as a detailed basic principle.

Mr Chairman,

The Constitution of a nation is a milestone of that nation. Our country has the National Records and Archives Law. In accord with the law, the Myanmar manuscript of the Constitution should be enrolled for record in the National Archives. In the 1947 Constitution it was prescribed that the copy of the Constitution should be enrolled in the Office of the Registrar of the Supreme Court; and that copy shall be the conclusive evidence of the provisions of the Constitution. Therefore, the point:

“A Myanmar manuscript of this Constitution shall be enrolled for record in the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution.” should be adopted as a detailed basic principle.

Mr Chairman,

One of the basic principles on economy says, “The State permits all economic forces such as the State itself, regional organizations, cooperative organizations, joint-venture organizations and private concerns, etc. to take part in economic activities for the development of the national economy.”

The government may permit a person or an organization to run any of the economic enterprises, which the government has to solely operate, under the terms and conditions in the interests of the State.

Now, the nation has seen many economic enterprises that are jointly run with the government based on mutual interest, or internal or external organizations or persons are running under the terms and conditions stipulated by the State. Therefore, the point:

“In the interest of the State, the Union Government may permit:

(a) Region or State government,

(b) a cooperative society or a person

to run any of economic enterprises, which are prescribed to be operated solely by the Union Government, through a joint-venture system with the Union Government or under agreements”.

should be adopted as a detailed basic principle.

Mr Chairman,

The Union of Myanmar has to honour the legitimate obligations arising out of any treaties or agreements which have been in force before the coming into force of this Constitution between the Government of Myanmar and the Government of any other State provided that these countries honour any reciprocal obligations towards the Union of Myanmar. It is found that the 1947 Constitution of our country and the State Constitutions of many other countries carry similar provisions.

Therefore, the point:

“The Union of Myanmar shall honour all legitimate obligations arising out of any treaties or agreements which before the coming into force of this Constitution were in force between the Government of Myanmar and the Government of any other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar.”

should be adopted as a detailed basic principle.

Mr Chairman,

Any proceedings relating to contracts signed with the Government of the Union of Myanmar or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought for losses against the Union Government to be formed under this Constitution. Similarly, if given the similar right, the Government of the Union of Myanmar should also have the right to sue the bodies concerned. The 1947 Constitution of our country and the State constitutions of some countries prescribe similar provisions.

Therefore, the points:

“(1) Any proceedings relating to contracts or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought against the Union Government.

(2) The Union of Republic of Myanmar may sue and may be sued by the name of the Union of Republic of Myanmar.”

should be laid down as detailed basic principles.

Mr Chairman,

The previous State constitutions of our country did not prescribe a principle for forming a constitutional tribunal. We representatives of the delegate group of workers found out a point that such an organization is a must for ensuring perpetual existence of the State constitution and discharging responsibilities in accordance with the State constitution. The drive for forming a constitutional tribunal calls for designating number of the members of the organization including a chairman, assigning duties to the members, designating qualifications to be possessed by the members, and the terms of the members.

The functions of the Constitutional Tribunal are of great importance. So, a member of the Constitutional Tribunal should be the one who is at least 50 years of age with the qualifications set for a Union Chief Justice and a Union Chief Court Judge. It will be suitable if the membership of the Constitutional Tribunal is nine including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw should choose three members each from Hluttaw members or non-Hluttaw members with the approval of the Pyidaungsu Hluttaw. Therefore, regarding appointment and qualifications of members of the Constitutional Tribunal, the points:

“(1) The Constitutional Tribunal shall consist of nine members including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each who meet the following requirements from among Hluttaw members or non-Hluttaw members:

(a) person who has attained the age of 50 years;

(b) person who possesses qualifications set for a Pyithu Hluttaw, except restriction on age,

(c) person who possesses qualifications set for the Union Chief Justice and a Union Supreme Court Judge except restriction on age,

(d) person who has political, administrative, economic and security outlooks.

(e) person who is loyal to the State and the people.

2. The list of three members each nominated by the President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw, and a member nominated for chairmanship of Constitutional Tribunal among the nine members shall be submitted to the Pyidaungsu Hluttaw for its approval.

3. The Pyidaungsu Hluttaw shall have no right to reject the persons nominated for members of the Constitutional Tribunal by the President unless it can prove the members disqualified.

4. The President may, in accord with the provisions of the State Constitution, have the right to nominate new members for the seats of Constitutional Tribunal that are still vacant due to failure to obtain agreement of the Pyidaungsu Hluttaw.

5. The President shall appoint the chairman and members of Constitutional Tribunal approved by the Pyidaungsu Hluttaw.”

should be adopted as detailed basic principles.

Mr Chairman,

The term of the Constitutional Tribunal should be the same as that of the Pyidaungsu Hluttaw. On expiry of its term, however, it should continue to carry out its functions till the President forms a new Constitutional Tribunal.

Therefore, the point:

“The term of the Constitutional Tribunal is five years, the same as that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal, on expiry of its term, shall continue to carry out its functions till the President forms a new Constitutional Tribunal under this Constitution.”

should be adopted as a detailed basic principle.

Representative of the delegate group of workers U Nyan Oo of Mawlamyine Township in Mon State will read out the last part of our proposal.

Mr Chairman and members of the panel of chairmen and NC delegates, I am Representative of the delegate group of workers U Nyan Oo of Mawlamyine Township in Mon State. I would like to read out the last part of our proposal.

Mr Chairman,

If a member of the Constitutional Tribunal is a member of a Hluttaw, he shall resign from the Hluttaw concerned, and if he is a government employee, he shall retire from civil service. A member of the Constitutional Tribunal shall be free from political bias, and so, if a member of the Constitutional Tribunal is also a member of a political party, during the tenure of membership he should have no right to participate in the activities of the political party concerned. If a member of the Constitutional Tribunal wishes to resign due to a reason before expiry of his tenure, he should have the right to submit his resignation to the President.

Therefore, regarding appointment of a member to the Constitutional Tribunal, the points:

“(1) A member of the Constitutional Tribunal:

“(a) shall be deemed to have resigned from the Hluttaw concerned on the date of being appointed if he is a member of any Hluttaw.

(b) shall be deemed to have resigned from civil service in accord with civil service rules and regulations on the date of being appointed if he is a government employee.

(c) shall have no right to participate in activities of the political party concerned during tenure of membership starting from the date of being appointed if he is a member of a political party.

(2) A member of the Constitutional Tribunal may have the right to submit his resignation to the President if he wishes to resign before expiry of his tenure for a certain reason.

(3) The President may appoint a new member in accord with the provisions of this Constitution if there is a vacancy in membership in the Constitutional Tribunal for a certain reason.

should be adopted as detailed basic principles.

Mr Chairman,

A member of the Constitutional Tribunal should possess such qualifications as loyalty to the State, adherence to the provisions of the Constitution, and good characters. If he fails to honour these requirements or violates any of these rules, he should be blamed or impeached under the provisions prescribed in this Constitution set to blame or impeach the Union Chief-Justice or a Union Supreme Court Judge.

Therefore, regarding blaming or impeaching a member of the Constitutional Tribunal, the points:

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

“(a) treason,

(b) violation of any of the provisions of the Constitution,

(c) misbehaviour,

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

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

(2) If need arises to blame or impeach a member of

the Constitutional Tribunal, it shall do so under the provisions prescribed in this Constitution set to blame or impeach the Union Chief-Justice or a Union Supreme Court Judge”

should be adopted as detailed basic principles.

Mr Chairman,

The detailed basic principles on the Constitutional Tribunal have been laid down. These detailed basic principles cover the responsibilities of the Constitutional Tribunal. In adopting these detailed basic principles, the responsibilities of the Constitutional Tribunal should be prescribed as appropriate. So, these tasks should be prescribed in the detailed basic principles as necessary in order that they can be scrutinized and decided when the President informs the matters regarding the Union territories.

Therefore, regarding functions of the Constitutional Tribunal, the points:

“The functions of the Constitutional Tribunal are as follows:

1. to interpret provisions of the State Constitution;

2. to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions; States and Self-Administered Areas are in conformity with the State Constitution;

3. to scrutinize functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution;

4 to decide on disputes in connection with the State Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves to perform other duties prescribed in the State Constitution;

5. to decide on disputes in connection with the rights and responsibilities of the Pyidaungsu and Regions; or States or Self-Administered Areas in implementing Union law by Regions, States or Self-Administered Areas;

6. to scrutinize and decide on matters relating to Union territories informed by the President,

7 functions entrusted by laws prescribed by the Pyidaungsu Hluttaw”.

should be adopted as detailed basic principles.

Mr Chairman,

If there is a dispute as to whether a provision of a law is in conformity with the Constitution in a case being heard by a court, the Constitutional Tribunal is responsible for deciding such a case. Regarding the dispute, the decision of the Constitutional Tribunal should apply all the cases, and the decision should be final.

Therefore, regarding a dispute as to whether the provision of a law is in conformity with the Constitution in a case being heard by a court, the points:

“1. If there is a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court, and the Constitutional Tribunal has not made any decision regarding the case, the court shall suspend its hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. The decision of the Constitutional Tribunal regarding the dispute shall apply all the cases.

2. The decision of the Constitutional Tribunal shall be final.”

should be adopted as detailed basic principles.

Mr Chairman,

The Constitutional Tribunal is responsible for interpreting the provisions of the State Constitution. In the process, the President, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the Speaker of the Amyotha Hluttaw, the Union Chief-Justice and the Chairman of the Union Election Commission should have the right to submit the cases directly to the Constitutional Tribunal.

And in a case in which Region or State Chief Minister; the Speaker of the Region or State Hluttaw; the chairman of the Leading Body of the Self-Administered Areas and at least 10 per cent of members of the Pyithu Hluttaw and the Amyotha Hluttaw submit a case to interpret the Constitution, they should have the right to do so in accord with the procedures rather than submit directly.

Therefore, regarding the interpretation of the provisions of the Constitution, the points:

“ (1) The following persons shall have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and stance:

(a) President;

(b) Speaker of the Pyidaungsu Hluttaw;

(c) Speaker of the Pyithu Hluttaw,

(d) Speaker of the Amyotha Hluttaw,

(e) Union Chief-Justice;

(f) Chairman of Union Election Commission;

2. The following persons or bodies shall have the right to submit a case to the Constitutional Tribunal in accord with the procedures for its interpretation, decision and stance:

(a) Region of State Chief Minister;

(b) Speaker of the Region or State Hluttaw,

(c)Chairman of Leading Body of Self-Administered Areas.

(d) At least 10 per cent of the members of the Pyithu Hluttaw or the Amyotha Hluttaw.”

should be adopted as detailed basic principles.

Mr Chairman,

The Pyidaungsu Hluttaw will have to prescribe necessary laws for formation of the Constitutional Tribunal, relations with other organizations, and responsibilities, rights and privileges of the Constitutional Tribunal. In the process, the role of the chairman of the Constitutional Tribunal should be designated to be equivalent to the position of a Vice-President, and a member of the Constitutional Tribunal, to the position of a Union minister in order to make reference in prescribing the laws.

Therefore, regarding the designation of the chairman and members of the Constitutional Tribunal to prescribe necessary law for the Constitutional Tribunal, the points:

“1. Formation and relations of the Constitutional Tribunal, and duties, rights and privileges of the chairman and members of the Constitutional Tribunal shall be prescribed by law.

“2. The role of the chairman of the Constitutional Tribunal is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference in prescribing by law regarding the duties, rights and privileges of the chairman and members of the Constitutional Tribunal.”

should be adopted as detailed basic principles.

Mr Chairman,

I would like to make a suggestion that the 26 points the Work Committee chairman proposed for the Chapter “General Provisions” should be adopted as the detailed basic principles.

In conclusion, I would say we representatives of the delegate group of workers unanimously support the four detailed principles for the Chapter “Amendment of the State Constitution”, four detailed principles for the Chapter “State Flag, State Seal, National Anthem, and the Capital”, eight detailed principles for the Chapter “Transitory Provisions”, and 26 detailed principles for the Chapter “General Provisions” and suggest that these detailed principles should be adopted.