Matters relating
to adoption of detailed basic principles on Powers and Functions of the
President clarified Plenary Session of National Convention continues at
Nyaunghnapin Camp in Hmawby Township
YANGON,
12 Dec — The Plenary Session of the National Convention continued at
Pyidaungsu Hall of Nyaunghnapin Camp in
Taninthayi,
Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State
service personnel from the State Peace and Development Council Office, the
President’s Office, the Pyithu Hluttaw Office, the Government Office, the
Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office,
the Multi-party Democracy General Election Commission Office, the Office of
Civil Service Selection and Training Board, the Yangon City Development
Committee, the Mandalay City Development Committee, and ministries concerned,
other invited delegates, delegates of armed groups that exchanged arms for
peace.
Before
the Plenary Session of the National Convention at 7.30 am, Chairman of the NCCC
Secretary-1 Lt-Gen Thein Sein and Commission members, NCC Work Committee
Chairman Chief Justice U Aung Toe and Work Committee members, NCC Management
Committee Chairman Auditor-General Maj-Gen Lun Maung and Management Committee
members, chairmen of sub-committees, officials, delegates of political parties,
representatives-elect, delegates of national races, delegates of peasants,
delegates of workers, delegates of intellectuals and intelligentsia, delegates
of State service personnel, and other invited delegates signed in the attendance
books at the Pyidaungsu Hall and recreation hall for the delegates.
Chairman
of the NCCC Secretary-1 Lt-Gen Thein Sein presided over the Plenary Meeting of
the National Convention, and Secretary of the Commission Minister for
Information Brig-Gen Kyaw Hsan acted as MC.
The
MC announced the validity of the meeting as 1,069 delegates out of 1,080 were
present, accounting for 98.98 per cent.
NCC
Work Committee Chairman Chief Justice U Aung Toe clarified matters concerning
detailed basic principles to be laid down for Powers and Functions of the
President in the executive and judicial sectors to be included in writing the
State Constitution.
(The
clarification of NCC Work Committee Chairman Chief Justice U Aung Toe is
reported separately.)
NCC
Work Committee Vice-Chairman Attorney-General U Aye Maung read out the
clarification made by the NCC Work Committee on matters regarding detailed basic
principles to be laid down for sharing of executive power of Union Government
and region and state governments in the executive and judicial sectors to be
included in writing the State Constitution.
(The
clarification of NCC Management Committee Vice-Chairman Attorney-General U Aye
Maung is reported separately.)
NCC
Work Committee Secretary U Thaung Nyunt read out the clarification made by the
NCC Work Committee on matters regarding detailed basic principles to be laid
down for administrative power of self-administered division and the
self-administered zones leading bodies and matters related to State service
personnel in the executive and judicial sectors to be included in writing the
State Constitution. The Plenary Session of the National Convention went to
recess.
(The
clarification of NCC Work Committee Secretary U Thaung Nyunt will be reported
tomorrow.)
When
the Plenary Session of the National Convention resumed NCC Work Committee member
Deputy Minister for Information U Thein Sein read out the clarification made by
the NCC Work Committee on matters regarding detailed basic principles to be laid
down for sharing of judicial power in the executive and judicial sectors to be
included in drawing the State Constitution.
(The
clarification of NCC Work Committee Member Deputy Minister for Information U
Thein Sein will be reported tomorrow.)
NCC
Work Committee Member Supreme Court Judge Dr Tin Aung Aye continued to read out
the clarification made by the NCC Work Committee on collections of matters
regarding detailed basic principles laid down for sharing of executive and
judicial powers to be included in drawing the State Constitution.
The
Plenary Session of the National Convention was adjourned at 11.55 am.
(The
clarification of NCC Work Committee Member Supreme Court Judge Dr Tin Aung Aye
will be reported tomorrow.)
The
Plenary Session of the National Convention continues at 9 am tomorrow.
The Union
Government shall uphold and maintain stability, peace, and prevalence of law and
order in the country
YANGON,
12 Dec—The following is the clarifications of National Convention Convening
Work Committee Chairman U Aung Toe on adoption of detailed basic principles on
Powers and Functions of the President included in the sharing of executive and
judicial powers for formulating State Constitution at the plenary session held
today at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
The
delegates have already understood the clarifications made by the National
Convention Convening Work Committee Chairman and the discussions and suggestions
made by themselves concerning the sharing of the executive and judicial powers
at the plenary session held from 17 February to 31 March 2005. The suggestions
are appropriate and within the framework of the Fundamental Principles and
detailed basic principles already laid down by the National Convention.
The
Work Committee after thoroughly studying the suggestions, presented its
compilation of the detailed basic principles to the National Convention
Convening Commission. The Commission studied the compilation in detail and
approved it. I will now explain the approved detailed basic principles for the
executive and judicial power.
At
the plenary session on 7-3-2005, the Work Committee Chairman explained that the
previous sessions of the National Convention had laid down the detailed basic
principles, “The Head of State is the President of the Union”, “The
Executive Head of State is the President of the Union” and “The President
shall exercise powers and function assigned and vested by the constitution and
other laws”. He then explained that the following detailed basic principles
concerning the Powers and Functions of the President should be laid down:
1.
The President shall be responsible to the Pyidaungsu Hluttaw. The
Vice-Presidents shall be responsible to the President and also to the Pyidaungsu
Hluttaw through the President.
2.
To be able to discharge the duties assigned in accord with the Constitution or
any of the law, the National Defence and Security Council led by the President
shall be formed with the following persons:
1.
President
2.
Vice-President
3.
Vice-President
4.
Speaker of the Pyithu Hluttaw
5.
Speaker of Amyotha Hluttaw
6.
Commander-in-Chief of Defence Services
7.
Deputy Commander-in-Chief of Defence Services
8.
Minister for Defence
9.
Minister for Foreign Affairs
10.
Minister for Home Affairs
11.
Minister for Border Affairs.
3.
The President shall have
(a)
the right of pardon
(b)
the right of amnesty in accord with the recommendation of the National Defence
and Security Council.
4.
The President shall
(a)
confer titles, honours and awards
(b)
revoke titles, honours and awards.
5.
The President shall establish or sever diplomatic relations with foreign nations
with the approval of the Pyidaungsu Hluttaw. But in the cases which need
immediate action, the President shall coordinate with the National Defence and
Security Council to sever diplomatic relations with foreign nation, and he shall
seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.
6.
The President of the
(a)
shall appoint and recall the diplomats of the country;
(b)
shall agree on the appointment of foreign diplomats and send information on the
recall
(c)
shall accept the letters of accreditation presented by foreign diplomats.
7.
The President of the
8.
The President of the
(a)
shall enter into, ratify or annul international, regional or bilateral treaties,
or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw; and
(b)
shall enter into, ratify or annul international, regional or bilateral treaties
which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from
such treaties.
9.
The President of the
10.
The President of the
(a)
Except
(b)
If the President has not withdrawn the ordinance issued under sub para (a), he
shall submit the ordinance for approval to the nearest session of the Pyidaungsu
Hluttaw within 60 days after the promulgation of the ordinance. If the
Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the
President shall cause to convene a special session of the Pyidaungsu Hluttaw for
approval.
(c)
The ordinance shall cease to have effect from the date on which it is
disapproved by the Pyidaungsu Hluttaw.
(d)
The ordinance issued by the President will be in force with the approval of the
Pyidaungsu Hluttaw till the required date.
(e)
Even such an ordinance is revoked within 60 days after its promulgation, it
shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.
(f)
If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right
to make decision according to the Constitution, the ordinance ceases to have
effect.
12.
The President shall
(a)
in coordination with the National Defence and Security Council, formed within
the framework of the Constitution, take suitable military action in the face of
aggression against the State;
(b)
submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in
session or call an emergency meeting to present the matter for approval if the
Pyidaungsu Hluttaw is not in session.
(c)
declare war or make peace only with the assent of the Pyidaungsu Hluttaw.
13.
“The President shall sign the laws passed and enacted by the Pyidaungsu
Hluttaw after taking action according to the provisions of the Constitution.
Such signed laws shall be promulgated in the official Gazette.”
14.
The President shall not be responsible for answering to any Hluttaw or to any
Court for the exercise or performance of the duties and functions vested in him
by the Constitution or any of the existing laws or for any of his actions in the
exercise and performance of these powers and functions. But the exemption should
not concern the stipulations contained in the constitution in connection with
the impeachment made against him.
Delegate
group of nationalities, delegate group of peasants, delegates group of workers,
delegate group of intellectuals and intelligentsia, delegates group of State
service personnel and delegate group of other invited persons, and delegate
group of political parties — Union Pa-O National League, Mro or Khami National
Solidarity Organization, Lahu National Development Party, Union Kayin League,
Kokang Democracy and Unity Party and Wa National Development Party discussed
that the detailed basic principles should be laid down in accord with the
clarifications of the Work Committee Chairman.
I
will now present the separate presentations of the delegate groups. The National
Unity Party of the delegate group of political parties said that the Work
Committee Chairman had explained that as the President is the Head of State, he
will have to carry out daily the tasks including politics, administration,
economy and security. As the economy is the most basic and important sector, the
President may need an economic support group. Thus a President-led National
Economic Council, with ministers as members should be formed.
Concerning
the suggestion, I will explain that the formation of the National Defence and
Security Council is for the President to establish or sever diplomatic relations
with foreign nations with the approval of the Pyidaungsu Hluttaw, and take
suitable military action in the face of aggression against the State in
consultation with National Defence and Security Council. On the other hand the
economic issues do not need immediate action. They are the matters that can be
implemented through coordination within the Union government.
Both
the 1947 Constitution and the 1974 Constitution did not include a stipulation
stating the formation of the National Economic Council with the President at the
helm. The constitutions of some nations do not form the body either. The
President may form economic advisory boards as necessary. Thus, I will like to
inform the party concerned that the formation of a National Economic Council is
not necessary.
The
NUP also said that the sub para (f) states, “If such an ordinance contains
matters which the Pyidaungsu Hluttaw has no right to make decision according to
the Constitution, the ordinance ceases to have effect”. But it seems that the
matter, which the region Hluttaw or the state Hluttaw has no right to make
decision, is not included in the para (f). The matter should be added to the
detailed basic principle. Thus a detailed basic principle “If such an
ordinance contains matters which the region Hluttaw or the state Hluttaw has no
right to make decision according to the Constitution, the ordinance ceases to
have effect” should be added to the original detailed basic principle.”
Concerning
the suggestion, I would like to explain that the Ordinance is stipulated in the
1947 Constitution, the 1974 Constitution and constitutions of some nations for
the head of state to have the right to issue an ordinance in times of emergency
when the stability of State, community peace, and the rule of law are facing
encroachment.
In
the detailed basic principles of the executive Power of the Union government it
is stated, “The Union Government shall uphold and maintain stability, peace,
and the prevalence of law and order in the country”. The detail basic
principles of the executive power of the region of state government say, “The
region and state governments shall have the responsibility to assist the Union
Government in its drive to ensure the stability of the State, community peace
and tranquillity and the rule of law”.
As
the sub para of the para 11 covers all the objectives of the ordinance, no
addition is needed to it.
Representatives-elect
of the political parties present the opinion of the own partiesU Tin Win of
Kyaiklat Township constituency 2, U Thein Kyi of Taungdwingyi Township
constituency 1, U Hla Soe of Minbu Township constituency 2, U Mya Hlaing of
Twantay Township constituency 2, U Kyi Win of Mingaladon Township constituency 1
and U Tin Tun Maung of Mingaladon Township constituency 2 of the delegate group
of representatives-elect said that sub para (c) and (d) of the para 3 state as
follows:
(c)
The President shall make rules for the transaction of the business of the Union
Government, and for the allocation of the said business among the ministers of
the Union Government or to the official responsible under a certain law, except
matters conferred on him by this Constitution to act in his own discretion.
(d)
Without prejudice to the generality of the foregoing provisions, the allocation
of business by the President may be region-wise as well as subjectwise.
As
the said two paras concern the functions of the President they should be
included in the chapter “the Powers and Functions of the President”.
Concerning
the matter, I would like to say that the definitions of the sub paras 1 and 2
and sub paras 3 and 4 of the para 2 will be more comprehensive and complete only
if they are stated in the same para. If the sub para 3 and 4 are stated in the
chapter “The Power and Functions of the President, their definition can also
change. The two said paras are also stated under the Chapter “The Union
Government” of the 1947 Constitution. Thus, it is not appropriate to state
them under the chapter “Powers and functions of the Union Government”.
Hence,
in accord with the suggestions of the delegates the following detailed basic
principles concerning the heading “The Powers and Functions of the
President” of the sector for sharing the executive and judicial powers are
adopted:
1.
The President shall be responsible to the Pyidaungsu Hluttaw. The
Vice-Presidents shall be responsible to the President and also to the Pyidaungsu
Hluttaw through the President.
2.
To be able to discharge the duties assigned in accord with the Constitution or
any of the law, the National Defence and Security Council led by the President
shall be formed with the following persons:
1.
President
2.
Vice-President
3.
Vice-President
4.
Speaker of the Pyithu Hluttaw
5.
Speaker of Amyotha Hluttaw
6.
Commander-in-Chief of Defence Services
7.
Deputy Commander-in-Chief of Defence Services
8.
Minister for Defence
9.
Minister for Foreign Affairs
10.
Minister for Home Affairs
11.
Minister for Border Affairs.
3.
The President shall have
(a)
the right of pardon
(b)
the right of amnesty in accord with the recommendation of the National Defence
and Security Council.
4.
The President shall
(a)
confer titles, honours and awards
(b)
revoke titles, honours and awards.
5.
The President shall establish or sever diplomatic relations with foreign nations
with the approval of the Pyidaungsu Hluttaw. But in the cases which need
immediate action, the President shall coordinate with the National Defence and
Security Council to sever diplomatic relations with foreign nation, and he shall
seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.
6.
The President of the
(a)
shall appoint and recall the diplomats of the country;
(b)
shall agree on the appointment of foreign diplomats and send information on the
recall
(c)
shall accept the letters of accreditation presented by foreign diplomats.”
7.
The President of the
8.
The President of the
(a)
shall enter into, ratify or annul international, regional or bilateral treaties,
or withdraw from such treaties with the approval of the approval of the
Pyidaungsu Hluttaw; and
(b)
shall enter into, ratify or annul international, regional or bilateral treaties
which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from
such treaties.
9.
The President of the
10.
The President of the
11.
(a) Except Union budget matters, the President shall have the right to issue an
ordinance on administrative matters that need immediate action during intervals
between sessions of the Pyidaungsu Hluttaw.
(b)
If the President has not withdrawn the ordinance issued under sub para (a), he
shall submit the ordinance for approval to the nearest session of the Pyidaungsu
Hluttaw within 60 days after the promulgation of the ordinance. If the
Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the
President shall cause to convene a special session of the Pyidaungsu Hluttaw for
approval.
(c)
The ordinance shall cease to have effect from the date on which it is
disapproved by the Pyidaungsu Hluttaw.
(d)
The ordinance issued by the President will be in force with the approval of the
Pyidaungsu Hluttaw till the required date.
(e)
Even such an ordinance is revoked within 60 days after its promulgation, it
shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.
(f)
If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right
to make decision according to the Constitution, the ordinance ceases to have
effect.
12.
The President shall
(a)
in coordination with the National Defence and Security Council, formed within
the framework of the Constitution, take suitable military action in the face of
aggression against the State;
(b)
submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in
session or call an emergency meeting to present the matter for approval if the
Pyidaungsu Hluttaw is not in session.
(c)
declare war or make peace only with the assent of the Pyidaungsu Hluttaw.
13.
“The President shall sign the laws passed and enacted by the Pyidaungsu
Hluttaw after taking action according to the provisions of the Constitution.
Such signed laws shall be promulgated in the official Gazette.”
14.
The President shall not be responsible for answering to any Hluttaw or to any
Court for the exercise or performance of the duties and functions vested in him
by the Constitution or any of the existing laws or for any of his actions in the
exercise and performance of these powers and functions. But the exemption should
not concern the stipulations contained in the constitution in connection with
the impeachment made against him.
As it is the duty
of the Union government to draft the bill on Union budget and present it to the
Union Hluttaw for approval, no addition will be needed for the para 7 and the
wording is already compact and complete
YANGON,
12 Dec—The following is the presentation of clarifications of National
Convention Convening Work Committee Chairman on adoption of detailed basic
principles on The Executive Powers of the Union Government and The Executive
Power of Region or State government included in the sharing of executive and
judicial powers for formulating State Constitution by Vice-Chairman of National
Convention Convening Work Committee U Aye Maung at the plenary session held
today at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
At
the plenary session of the National Convention, held on 7 March 2005 the Work
Committee Chairman explained the detailed basic principles concerning the
executive power of the Union government of the sector for sharing the executive
and judicial powers that should be laid down.
Delegate
group of Nationalities, delegate group of peasants, delegates group of workers,
delegates group of intellectuals and intelligentsia, delegates group of State
service personnel and delegate group of other invited persons, and delegate
group of political parties — Union Pa-O National Organization, Mro or Khami
National Solidarity Organization, Lahu National Development Party, Union Kayin
League, Kokang Democracy and Unity Party and Wa National Development Party
suggested that the following detailed basic principles should be laid down in
the executive powers of the Union Government.
1.
Subject to the provisions of the Constitution, the executive power of the
2.
Subject to the provisions of the Constitution, the executive authority of the
Union, shall be vested in the President; but nothing in this section shall
prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any
authoritative body, or any person in authority, or be deemed to transfer to the
President of the State any functions vested in any authoritative body concerned,
or any other person in authority concerned by existing laws.
3.
(a) All executive actions the Union Government shall be expressed in the name of
the President.
(b)
Orders and instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the
President. In addition, the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it was not done
by the President.
(c)
The President shall make rules for the transaction of the business of the Union
Government, and for the allocation of the said business among the ministers of
the Union Government or to the official responsible under a certain law, except
matters conferred on him by this Constitution to act in his own discretion.
(d)
Without prejudice to the generality of the foregoing provisions, the allocation
of business by the President may be regionwise as well as subjectwise.
4.
The Union Government uphold and maintain stability, peace, and the prevalence of
law and order in the country.
5.
The Union Government shall lay down its policies in accord with the stipulations
contained in the Constitution. The Union Government shall draw necessary
projects in accord with the policies and implement them with the approval of the
Pyidaungsu Hluttaw.
6.
Based on annual budgets of the
7.
The Union Government shall have the right to use the funds within the allotment
of the normal expenditure included in the latest-enacted Union budget law of the
Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union
Government-submitted bill before the end of fiscal year.
8.
The Union Government shall submit the bill concerning the matters the Pyidaungsu
Hluttaw can enact into law within the framework of the provisions of the
Constitution, and shall submit it to the Pyidaungsu Hluttaw.
9.
The ministries of the Union Government shall manage, guide, supervise and
inspect their subordinate government departments and organizations to ensure
that the said subordinate bodies are conducting their functions in accord with
the stipulations of the Constitution and the existing laws.
10.
The Union Government cooperates and coordinates with the region government, the
state government, and the self-administered area leading body to enable them to
effectively and successfully carry out their tasks.
11.
The Union Government, save constitutional disputes and the disputes over the
re-delineation of territorial boundary, shall —
(a)
cooperate, coordinate and make decisions if necessary on disputes over
administration between regions and states; among regions; among states; between
regions or states and self-administered areas; and among self-administered
areas; and
(b)
cooperate, coordinate and solve the disputes over administration between regions
or states and Union territories and between self-administered areas and Union
territories; and make decisions if necessary.
12.
The Union Government, in accordance with law, shall —
(a)
constitute Union-related service organizations as necessary, and stipulate the
duties and functions for such organizations; and
(b)
appoint the required number of staff.
13.
The Union Government shall —
(a)
implement administrative resolutions passed occasionally by the Pyidaungsu
Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.
(b)
submit the report on the entire affairs of the
I
will now present the separate presentations of the delegate groups. The National
Unity Party of the delegate group of political parties said, according to the
para 7, the party proposes that the right is vested in the Union government to
use the funds within the allotment of the normal expenditure if the Pyidaungsu
Hluttaw cannot approve and issue the Union Government-submitted bill before the
end of fiscal year.
Concerning
the matter, I would like to explain that the stipulations contain in the para 7
mean that the Union government shall have the right to use the funds of the
current expenditure to continuously run the administrative machinery, if the
Union Hluttaw cannot pass the bill on the budget.
The
para 6 has already stated the matter concerning the submission of the budget
bill by the Union government. As it is the duty of the Union government to draft
the bill on Union budget and present it to the Union Hluttaw for approval, no
addition will be needed for the para 7 and the wording is already compact and
complete.
The
delegate group of intellectuals and intelligentsia suggested the setting up of a
separate trust fund in the budget bill for emergency financial cases.
Concerning
the matter, when the new constitution comes into force, the Union government
after consulting with the Financial Commission will have the right to draw a
separate fund in drafting the budget bill.
Mr
Chairman,
Representatives-elect
agreed to the detailed basic principles the Work Committee Chairman had
explained.
Thus,
in accord with the suggestions of the delegates, the following paras and sub
paras are adopted as the detailed basic principles for the chapter “The
executive powers of the Union Government ” of the sector for sharing the
executive and judicial powers.
1.
Subject to the provisions of the Constitution, the executive power of the
2.
Subject to the provisions of the Constitution, the executive authority of the
Union, shall be vested in the President; but nothing in this section shall
prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any
authoritative body, or any person in authority, or be deemed to transfer to the
President of the State any functions vested in any authoritative body concerned,
or any other person in authority concerned by existing laws.
3.
(a) All executive actions of the Union Government shall be expressed in the name
of the President.
(b)
Orders and instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the
President. In addition, the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it was not done
by the President.
(c)
The President shall make rules for the transaction of the business of the Union
Government, and for the allocation of the said business among the ministers of
the Union Government or to the official responsible under a certain law, except
matters conferred on him by this Constitution to act in his own discretion.
(d)
Without prejudice to the generality of the foregoing provisions, the allocation
of business by the President may be regionwise as well as subjectwise.
4.
The Union Government uphold and maintain stability, peace, and the prevalence of
law and order in the country.
5.
The Union Government shall lay down its policies in accord with the stipulations
contained in the Constitution. The Union Government shall draw necessary
projects in accord with the policies and implement them with the approval of the
Pyidaungsu Hluttaw.
6.
Based on annual budgets of the
7.
The Union Government shall have the right to use the funds within the allotment
of the normal expenditure included in the latest-enacted Union budget law of the
Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union
Government-submitted bill before the end of fiscal year.
8.
The Union Government shall submit the bill concerning the matters the Pyidaungsu
Hluttaw can enact into law within the framework of the provisions of the
Constitution, and shall submit it to the Pyidaungsu Hluttaw.
9.
The ministries of the Union Government shall manage, guide and supervise their
subordinate government departments and organizations to ensure that the said
subordinate bodies are conducting their functions in accord with the
stipulations of the Constitution and the existing laws.
10.
The Union Government cooperates and coordinates with the region government, the
state government, and the self-administered area leading body to enable them to
effectively and successfully carry out their tasks.
11.
The Union Government, save constitutional disputes and the disputes over the
re-delineation of territorial boundary, shall —
(a)
cooperate, coordinate and make decisions if necessary on disputes over
administration between regions and states; among regions; among states; between
regions or states and self-administered areas; and among self-administered
areas; and
(b)
cooperate, coordinate and solve the disputes over administration between regions
or states and Union territories and between self-administered areas and Union
territories; and make decisions if necessary.
12.
The Union Government, in accordance with law, shall —
(a)constitute
Union-related service organizations as necessary, and stipulate the duties and
functions for such organizations; and
(b)
appoint the required number of staff.
13.
The Union Government shall —
(a)
implement administrative resolutions passed occasionally by the Pyidaungsu
Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.
(b)
submit the report on the entire affairs of the
The
Work Committee Chairman explained the detailed basic principles for the
executive power of region or state government at the plenary session of the
Convention held on 7 March 2005.
Delegate
group of nationalities, delegate group of peasants, delegate group of workers,
delegate group of intellectuals and intelligentsia, delegate group of State
service personnel and delegate group of other invited persons, and delegate
group of political parties — Union Pa-O National Organization, Mro (or) Khami
National Solidarity Organization, Lahu National Development Party, Union Kayin
League, Kokang Democracy and Unity Party and Wa National Development Party
suggested that the following detailed basic principles should be laid down in
the executive power of the region or state government.
1.
Subject to the provisions of this Constitution, the executive power of the
region or state government extends to the matters with respect to which the
region or state hluttaw has power to make laws. Moreover, in such manner, the
executive power of the region or state government also extends to the matters
with respect to which the region or state government has been allowed to carry
out in accord with any of the Union laws.
2.
The region and state governments shall have the responsibility to assist the
Union Government in its drive to ensure the stability of the State, community
peace and tranquillity and the rule of law.
3.
Subject to the policies adopted by the Union Government and Union laws, the
region or state governments shall implement the projects in connection with the
task to be implemented in the respective regions or states with the approval of
the Region or State Hluttaws.
4.
Region or state governments shall submit to the respective Hluttaws of the
regions and states the budget bill of the regions and states concerned based on
the annual budget of the Union Government in accord with the provisions in the
Constitution.
5.
If the Region or State Hluttaw cannot pass the bill on the budget of the region
or state submitted by the region or state government concerned, the said region
or state government shall have the right to use the funds of the current
expenditure included in the last-enacted budget law of the region or state
hluttaw.
6.
In accordance with the provisions of the Constitution, the region or state
government shall have the right to submit to the Region or State Hluttaw the
necessary Bill relevant to the matters embodied in the Region or State
Legislative List.
7.
The region or state government shall —
(a)
manage, guide, supervise and inspect the performance of the region or state
ministries and their subordinate government departments and organizations to
ensure that they conduct their functions in accordance with the provisions of
the Constitution, or with those of the existing laws.
(b)
supervise, inspect, cooperate and coordinate in accordance with law the
performance of the civil service organizations discharging duties in their
respective regions or states.
8.
To implement the tasks under its charge in accordance with the Union Law for
State Civil Service, or through coordination in advance with the Union
government, the region or state government shall —
(a)
establish civil service organizations of the region or state as necessary;
(b)
appoint the required number of civilian staff.
9.
The region or state government shall —
(a)
implement the resolutions occasionally passed by the Region or State Hluttaw
concerned, and submit the report on the measures taken to the Region or State
Hluttaw concerned.
(b)
submit the report on the entire affairs of its area to the Union government and
to the Region or State Hluttaw concerned.
10.
The region or state government shall implement the tasks occasionally assigned
by the Union government.
I
will now present the separate suggestions of the delegate groups. The National
Unity Party presented a suggestion, saying, the issuance of the budget bill in
time is important for region and state governments. The para 5 concerning the
rights of the region and state governments should be amended as follows to be in
line with the party’s suggestion for the executive power of the Union
government.
The
region or state government shall strive to enact its budget bill before the end
of the fiscal year. Only if for any reason the region or state Hluttaw cannot
pass the bill, the region or state government shall have the right to use the
funds of the current expenditure included in the last-enacted budget law of the
region or state Hluttaw.
Concerning
the matter, I would like to explain that the region or state government shall
have the right to use the funds of the current expenditure to continuously run
the administrative machinery, if the region or state Hluttaw cannot pass the
bill on the budget.
The
para 4 has already stated the matter concerning the submission of the budget
bill by the region or state government. As it is the duty of the region or state
government to draft the bill on Union budget and present it to the Region or
State Hluttaw for approval, no addition will be needed for the para 5. The
wording is already compact and complete.
Mr
Chairman,
Delegates
group of the nationalities presented a suggestion, saying, it is clearly stated
in the financial sector that monetary assistance and loans will be provided to
the regions and states as a special privilege. Thus, the regions and states
should also provide extra funds to the Union budget if they enjoy surplus
income. In 1992-93, Taninthayi Division contributed K 148.14 million to the
State funds as its income during the fiscal year was K 361.37 million and
expenditure K 213.33 million. In the future, Regions and States may enjoy more
surplus income depending on their efforts. Thus, the Regions and States should
contribute an appropriate amount of funds to the Union budget.
We
would like to say that it is a fitting suggestion. The Regions and States may
contribute their surplus income to the Union funds on own volition, and the
Hence
the nation will exercise the policy of contributing the surplus funds of the
regions and states to the Union fund and providing loans to the Regions and
States from the Union fund.
The
representatives-elect of the political parties presented the opinions of their
own parties.
The
independent representative group has agreed to the detailed basic principles
presented by the Work Committee.
In
accord with the suggestions of the delegates the following detailed basic
principles are adopted for executive power of the region or state government of
the sector of the sharing of the executive and judicial power.
1.
Subject to the provisions of this Constitution, the executive power of the
region or state government extends to the matters with respect to which the
region or state hluttaw has power to make laws. Moreover, in such manner, the
executive power of the region or state government also extends to the matters
with respect to which the region or state government has been allowed to carry
out in accord with any of the Union laws.
2.
The region and state governments shall have the responsibility to assist the
Union Government in its drive to ensure the stability of the State, community
peace and tranquillity and the rule of law.
3.
Subject to the policies adopted by the Union Government and Union laws, the
region or state governments shall implement the projects in connection with the
task to be implemented in the respective regions or states with the approval of
the region or state hluttaws.
4.
Region or state governments shall submit to the respective Hluttaws of the
regions and states the budget bill of the regions and states concerned based on
the annual budget of the Union Government in accord with the provisions in the
Constitution.
5.
If the Region or State Hluttaw cannot pass the bill on the budget of the region
or state submitted by the region or state government concerned, the said region
or state government shall have the right to use the funds of the current
expenditure included in the last-enacted budget law of the region or state
hluttaw.
6.
In accordance with the provisions of the Constitution, the region or state
government shall have the right to submit to the Region or State Hluttaw the
necessary Bill relevant to the matters embodied in the Region or State
Legislative List.
7.
The region or state government shall —
(a)
manage, guide, supervise and inspect the performance of the region or state
ministries and their subordinate government departments and organizations to
ensure that they conduct their functions in accordance with the provisions of
the Constitution, or with those of the existing laws.
(b)
supervise, inspect, cooperate and coordinate in accordance with law the
performance of the civil service organizations discharging duties in their
respective regions or states.
8.
To implement the tasks under its charge in accordance with the Union Law for
State Civil Service, or through coordination in advance with the Union
government, the region or state government shall —
(a)
establish civil service organizations of the region or state as necessary;
(b)
appoint the required number of civilian staff.
9.
The region or state government shall —
(a)
implement the resolutions occasionally passed by the Region or State Hluttaw
concerned, and submit the report on the measures taken to the Region or State
Hluttaw concerned.
(b)
submit the report on the entire affairs of its area to the Union government and
to the Region or State Hluttaw concerned.
10.
The region or state government shall implement the tasks occasionally assigned
by the Union government.