Matters
concerning detailed basic principles to be laid down for legislation of
Pyidaungsu Hluttaw clarified Plenary Session of National Convention continues at
Nyaunghnapin Camp in
YANGON,
13 Dec — The Plenary Session of the National Convention continued at
Pyidaungsu Hall of Nyaunghnapin Camp in
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 Session of
the National Convention, and Secretary of the Commission Minister for
Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies.
The
MC announced the validity of the meeting as 1,067 delegates out of 1,080 were
present, accounting for 98.80 per cent.
NCC
Work Committee Chairman Chief Justice U Aung Toe clarified matters concerning
detailed basic principles to be laid down for legislation of Pyidaungsu Hluttaw
to be included in judicial sector in writing the State Constitution.
(The
clarification of NCC Work Committee Chairman Chief Justice U Aung Toe will be
reported.)
NCC
Work Committee Vice-Chairman Attorney-General U Aye Maung read out the
clarification made by the NCC Work Committee Chairman on matters relating to
detailed basic principles to be laid down for legislation of Pyidaungsu Hluttaw
to be included in judicial sector in writing the State Constitution.
(The
presentation of NCC Management Committee Vice-Chairman Attorney-General U Aye
Maung will be reported.)
NCC
Work Committee Secretary U Thaung Nyunt read out the clarification made by the
NCC Work Committee Chairman on matters relating to detailed basic principles to
be laid down for legislation of Pyidaungsu Hluttaw to be included in judicial
sector in writing the State Constitution. The Plenary Session of the National
Convention went to recess.
(The
presentation of NCC Work Committee Secretary U Thaung Nyunt will be reported.)
When
the Plenary Session of the National Convention resumed NCCC member Deputy
Minister for Information U Thein Sein read out the clarification made by the NCC
Work Committee Chairman on matters relating to detailed basic principles to be
laid down for legislation of Pyidaungsu Hluttaw to be included in judicial
sector in writing the State Constitution.
(The
presentation of NCCC Member Deputy Minister for Information U Thein Sein will be
reported.)
Next,
NCCC Member Supreme Court Judge Dr Tin Aung Aye continued to read out the
clarification made by the NCC Work Committee Chairman on matters relating to
detailed basic principles to be laid down for legislation of Pyidaungsu Hluttaw
to be included in judicial sector in writing the State Constitution.
(The
presentation of NCCC Member Supreme Court Judge Dr Tin Aung Aye will be
reported.)
Afterwards,
NCC Work Committee Member Supreme Court Judge U Tin Aye read out the
clarification made by the NCC Work Committee Chairman on matters relating to
detailed basic principles to be laid down for legislation of Pyidaungsu Hluttaw
to be included in judicial sector in writing the State Constitution.
The
Plenary Session of the National Convention was adjourned at 12.10 pm.
(The
presentation of NCC Work Committee Member Supreme Court Judge U Tin Aye will be
reported.)
The
Plenary Session of the National Convention continues at 9 am tomorrow.
The
provisions in connection with the education sector are stipulated in the Union
legislative list for equal development of the education sector in the whole
nation
YANGON,
13 Dec—The following is the presentation on clarifications of National
Convention Convening Work Committee Chairman on adoption of detailed basic
principles for Executive Power of leading body of self-administered division or
zone and State service personnel included in the sharing of executive and
judicial powers for formulating State Constitution by National Convention
Convening Work Committee Secretary U Thaung Nyunt at the plenary session held
yesterday at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
The
National Convention Convening Work Committee Chairman explained the detailed
basic principles for the executive power of leading body of self-administered
regions or zones at the plenary session of the Convention held on 8 March 2005.
Delegates
group of nationalities, delegates group of peasants, delegates group of workers,
delegates group of intellectuals and intelligentsia, delegates group of State
service personnel and delegates group of other invited persons, and delegates
group of political parties — National Unity Party, 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 self-administered
division or self-administered zone.
“1.
Subject to provisions of the Constitution, the self-administrative power of the
self-administered division and self-administered zone leading bodies extends to
the following matters:
(a)
with respect to which the self-administered division and self-administered zone
leading bodies has power to make laws;
(b)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the Pyidaungsu Hluttaw; and
(c)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the respective region or state hluttaws.
2.
Self-administered division or self-administered zone leading body has the duty
to help the Union Government in its drive to ensure stability of the State,
community peace and tranquillity and the rule of law.
3.
The self-administered division or the self-administered zone leading bodies
shall
(a)
subject to the policies of the Union Government, draw work programmes for
development of their territory and shall coordinate the matter with the
respective region government or state government;
(b)
draw annual budgets and coordinate with the region or state government concerned
in accord with the provisions of the Constitution for approval;
(c)
have the right to use the allotted budget funds included in the budget law of
the region or state concerned;
(d)
use the fund of the current expenditure permitted within the last-enacted budget
law of the hluttaw of the region or state concerned if they cannot obtain the
budget allotment in time due to region or state hluttaw’s failure to enact the
budget law in time.
4.
Self-administered division and self-administered zone leading bodies shall, in
accord with the law, supervise and coordinate the functions of civil service
organizations discharging duties in their territory.
5.
The self-administered division and self-administered zone leading bodies shall
submit reports stating the general situation of the territory to the Union
Government and the region or state government concerned.
6.
The self-administered division and self-administered zone leading bodies shall
carry out the task assigned occasionally to them by the Union Government and the
region or state government concerned.”
I
will now present the separate suggestions of the delegate groups. In its
separate suggestion, the Union Pa-O National Organization said that the
legislative power is entrusted to self-administered areas in accord with the
provision contained in the constitution. Thus, the self-administered divisions
and self-administered zones have been given the authority to implement urban
projects, to build and maintain roads and bridges, and to implement public
health, fire prevention, grazing ground conservation, forest protection and
conservation, environmental conservation, urban and rural power and water
supply, and urban and rural market projects according to the laws enacted by the
The
suggestion concerns the sector of sharing the legislative power, and the
detailed basic principles for the sector have already been laid down. The
education sector has already been included in the social sector in the Union
legislative list. The provisions in connection with the education sector are
stipulated in the Union legislative list for equal development of the education
sector in the whole nation.
The
representatives-elect of the political parties presented the opinions of their
own parties.
The
independent representatives, Dr Hmu Htan of Thantlang Township constituency,
Chin State, U Aung Thein of Ywangan Township constituency, Shan State, and U Tun
Kyaw of Namshan Township constituency, northern Shan State, said that concerning
the duties assigned to self-administered zone leading bodies by the Union
government, and the respective governments of the regions and states, the Work
Committee Chairman at the National Convention plenary meeting on 8-3-2005 said,
“The self-administered division and self-administered zone leading bodies
shall carry out the task assigned occasionally to them by the Union Government
and the region or state government concerned.”
Concerning
the matter, they honestly presented suggestions saying that they suppose that
because of the use of the term “region or state government” the
self-administered area leading bodies may assume that they concern not only with
their region or state, but with all the regions and states of the
The
adopted detailed basic principle says, “Concerning interpretation of the
terms, provisions are to be written clearly so that all will understand and no
dispute may arise in the future. Thus, the suggestion will be put into record to
add the said word to the term as necessary in drafting the constitution.
Thus,
in accord with the suggestions of the most of the delegates, the following
detailed basic principles in connection with executive power of the
self-administered divisions and self-administered zones included in the sector
of the sharing of the executive power are adopted:
“1.
Subject to provisions of the Constitution, the self-administrative power of the
self-administered division and self-administered zone leading bodies extends to
the following matters:
(a)
with respect to which the self-administered division and self-administered zone
leading bodies has power to make laws;
(b)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the Pyidaungsu Hluttaw; and
(c)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the respective Region or State Hluttaws.
2.
Self-administered division or self-administered zone leading body has the duty
to help the Union Government in its drive to ensure stability of the State,
community peace and tranquillity and the rule of law.
3.
The self-administered division or the self-administered zone leading bodies
shall
(a)
subject to the policies of the Union Government, draw work programmes for
development of their territory and shall coordinate the matter with the
respective region government or state government;
(b)
draw annual budgets and coordinate with the region or state government concerned
in accord with the provisions of the Constitution for approval;
(c)
have the right to use the allotted budget funds included in the budget law of
the region or state concerned;
(d)
use the fund of the current expenditure permitted within the last-enacted budget
law of the hluttaw of the region or state concerned if they cannot obtain the
budget allotment in time due to Region or State Hluttaw’s failure to enact the
budget law in time.
4.
Self-administered division and self-administered zone leading bodies shall, in
accord with the law, supervise and coordinate the functions of civil service
organizations discharging duties in their territory.
5.
The self-administered division and self-administered zone leading bodies shall
submit reports stating the general situation of the territory to the Union
Government and the region or state government concerned.
6.
The self-administered division and self-administered zone leading bodies shall
carry out the task assigned occasionally to them by the Union Government and the
region or state government concerned.”
The
Work Committee Chairman explained the detailed basic principles on State service
personnel included in the sector of sharing executive power at the plenary
session of the Convention held on 8 March 2005.
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 on
the State service personnel included in the executive power sharing sector.
“1.
State service personnel shall be free from party politics.
2.
Matters as to the appointment of employees, promotion, retirement, the
enforcement of rules, the designation of service rules, and taking of action
against service personnel in accordance with law.
3.
As to occupational security for State service personnel; the sufficiency of
food, clothing and shelter needs; maternal rights for married women service
personnel; and the provision of food, clothing and shelter assistance to the
retired, necessary laws shall be enacted.
4.
Given the unusual nature of the responsibility of the Tatmadaw members, who are
State service personnel, they shall be dealt with according to military laws.
5.
Given the unusual nature of the responsibility of Myanmar Police Force members,
who are State service personnel, separate laws shall be enacted for them.”
In
its separate suggestion, the National Unity Party said that the detailed basic
principles on the State service personnel are stated under a separate heading in
the adopted 104 basic principles. The detailed basic principles concerning the
State service personnel should be under the related heading instead of the
heading “executive.”
As
for the adopted detailed basic principles in connection with State service
personnel, the preamble, regional administration, State service personnel,
definition, and index are not featured chapter-wise. They are fixed to mention
the preamble as the preamble, and the two headings — regional administration
and State service personnel — under the executive. Thus, the detailed basic
principles on State service personnel are inclusive in the chapter “the
executive”.
The
party also gave suggestion on the basic principle which says that State service
personnel should be clear of party politics. Of the six objectives of the
National Convention, the fourth object states the flourishing of the multi-party
democracy. There will certainly be political parties in the nation as efforts
are being made to build a modern developed state in accord with the multi-party
democracy system. The political parties will have to take part in the elections
at different levels. The entire people including the State service personnel are
required to elected a person who will actually serve the interest of the State
and the people. Thus, voters need to clearly understand the policies, views and
work programmes of the political parties.
But
it is found that some service personnel do not understand well the meaning of
the detailed basic principle which says, “State service personnel shall be
free from party politics.”
Actually
it has been laid down to prevent service personnel from misusing the authority
and rights for the political party in their favour. Thus the principle should be
defined broader to correctly understand its objectives and aims.
Concerning
the matter I would like to say that when the new constitution comes into force,
the nation will be already practising the multi-party democracy system. The aim
of the principle is to enable the service personnel to serve only the interest
of the State and the people without getting involved in the party politics. As
the service personnel are citizens too, they can freely enjoy their rights
guaranteed by the constitution. Thus, they will have the right to freely vote.
The aim of the principle, saying, “State service personnel shall be free from
party politics” is for the service personnel to stay away from getting
involved in the party politics in person.
The
intellectuals and intelligentsia group said that the Work Committee Chairman
explained the matters as to the appointment of employees, promotion, retirement,
the enforcement of rules, the designation of service rules, and taking of action
against service personnel in accordance with law. Thus matters concerning the
appointment of employees, promotion, transfer, retirement, the enforcement of
rules, the designation of service rules, and taking of action against service
personnel are stated in the existing law, rules, regulation and directives
should be taken into account in enacting laws in the future also.
As
clarified by the Work Committee Chairman, the existing law, bylaws, rules and
regulations stipulates the right to present an explanation and rebut for service
personnel if action is taken against him. The matter should be taken into
account in enacting laws in the future.
The
government departments and enterprises are facing difficulties in appointing new
employees to far away areas where transport is poor and transferring them to
such areas. The respective government departments and enterprises should be
provided with encouragement and incentives. An appropriate time should be fixed
for the government employees to serve at the remote areas, without assigning
them to such areas too long. The existing law, bylaws, rules, regulations and
directives state the provision of assistance and privileges to service personnel
discharging duties in regions and states depending on the situation of the place
they are assigned or appointed or transferred to. Such assistance and
encouragement should be taken into account in enacting law in the future.
The
existing law, bylaws, rules, regulations and directives contain the stipulation
for the provision of medical care, social needs, welfare to service personnel
when they retired or become disabled, or when they are injured due to
occupational hazards, or sick. Provisions for such matters should be considered
in enacting laws in the future.
The matter of ensuring adequate protection and assistance for service personnel
working in areas hazardous to the health and in dangerous conditions is
stipulated in the existing law, bylaws, rules, regulations and directives. The
matter should be considered in enacting laws in the future.
Maternity
leave is important for the child’s mental and physical development. In some
countries the law ensures women to enjoy maternity leave for up to one year to
produce a mentally and physically developed new generation and for the
mother’s health. As
The
nation needs centres where women staff can cater their babies to increase the
number of qualified new generation youths. Birth rates of educated families fall
because of the difficulties in raising the infant babies. Some countries even
honour women staff when they give birth to a baby. The nation should take into
account to enact laws that stipulate the opening of day care nurseries and
pre-primary schools at departments and enterprises where a large number of woman
work.
As
the suggestions themselves state the need to consider them in enacting laws in
the future, they will be put on record for enacting laws according to the new
constitution.
The
representatives-elect of the political parties presented the opinions of their
own parties.
The
independent representatives also present suggestions separately in favour of the
clarifications of the Work Committee Chairman.
In
accord with the suggestions of a large number delegates, the following detailed
basic principles on State service personnel of the sector of the sharing of the
executive power are adopted:
“1.
State service personnel shall be free from party politics.
2.
Matters as to the appointment of employees, promotion, retirement, the
enforcement of rules, the designation of service rules, and taking of action
against service personnel in accordance with law.
3.
As to occupational security for State service personnel; the sufficiency of
food, clothing and shelter needs; maternal rights for married women service
personnel; and the provision of food, clothing and shelter assistance to the
retired, necessary laws shall be enacted.
4.
Given the unusual nature of the responsibility of the Tatmadaw members, who are
State service personnel, they shall be dealt with according to military laws.
5.
Given the unusual nature of the responsibility of Myanmar Police Force members,
who are State service personnel, separate laws shall be enacted for them.”
The
national races of the Union of
YANGON,
13 Dec—The following is the presentation on clarifications of National
Convention Convening Work Committee Chairman on adoption of detailed basic
principles for the sharing of judicial powers included in the sharing of
executive and judicial powers for formulating State Constitution by National
Convention Convening Commission Member Deputy Minister for Information U Thein
Sein at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby
Township, Yangon Division.
The
plenary session of the National Convention, held on 8 March 2005 the Work
Committee Chairman explained the detailed principles on the judicial power.
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 for
the judicial power.
“1.
(a) The Supreme Court of the
(1)
in all matters arising under any treaty made by the
(2)
the disputes, other than the constitutional disputes, between the Union
Government and region or state governments,
(3)
the disputes, other than the constitutional disputes, among the regions, among
the states, between regions and states and between Union territories and regions
or states
(4)
other matters prescribed by any laws
(b)
as the Supreme Court of the Union is the highest court of the
(c)
as the judgments passed by the Supreme Court of the
(d)
The Supreme Court of the
(e)
The Supreme Court of the
2.
(a) The Supreme Court of the
(1)
Writ of habeas corpus
(2)
Writ of mandamus
(3)
Writ of prohibition
(4)
Writ of quo warranto
(5)
Writ of certiorari
(b)
The application to issue writs shall be suspended in the areas where the state
of emergency is declared.
3.
The courts of regions or states are vested with the following jurisdiction in
accordance with law:
(1)
adjudicating on original case
(2)
adjudicating on appeal case
(3)
adjudicating on revision case
(4)
adjudicating on matters vested by any law
4.
(a) With regard to the judicial matter, Yangon Region High Court is the high
court of the courts situated in Yangon City and Cocogyun Township.
(b)
In case any area located in regions or states is designated to be a Union
territory, the region or state high court concerned with regard to the judicial
matter is the high court of the courts situated in the said Union territory.
5.
District courts, self-administered division courts and self-administered area
courts have the jurisdiction with regard to original criminal cases, original
civil cases, or appeal cases and revision cases, or the matters vested by any
law.”
6.
Township courts have the jurisdiction with regard to original criminal cases,
original civil cases, or the matters vested by any law.
7.
The judges appointed in accordance with law are to take charge of the entire
judicial affairs in the
8.
The Supreme Court of the
9.
The Chief Justice of the
Now
I will present the separate suggestions submitted by the delegate groups. In its
separate suggestion, the National Unity Party said that according to the new
constitution there will be no village and ward courts. Thus rural people will
have to solve their legal cases at the township court.
There
is a
Concerning
the suggestion, the national races of the Union of Myanmar have the right to
solve their problems at the initial stage in accord with their own traditions
and customs, except from the legally restricted cases. The representatives-elect
of the political parties presented the opinions of their own parties.
The
independent representatives also present suggestions separately in favour of the
clarifications of the Work Committee Chairman.
In
accord with the suggestions of a large number of delegates, the following
detailed basic principles on the sharing of the judicial power are adopted:
“1.
(a) The Supreme Court of the
(1)
in all matters arising under any treaty made by the
(2)
the disputes, other than the constitutional disputes, between the Union
Government and region or state governments,
(3)
the disputes, other than the constitutional disputes, among the regions, among
the states, between regions and states and between Union territories and regions
or states
(4)
other matters prescribed by any laws
(b)
as the Supreme Court of the Union is the highest court of the
(c)
as the judgments passed by the Supreme Court of the
(d)
The Supreme Court of the
(e)
The Supreme Court of the
2.
(a) The Supreme Court of the
(1)
Writ of habeas corpus
(2)
Writ of mandamus
(3)
Writ of prohibition
(4)
Writ of quo warranto
(5)
Writ of certiorari
(b)
The application to issue writs shall be suspended in the areas where the state
of emergency is declared.
3.
The courts of regions or states are vested with the following jurisdiction in
accordance with law:
(1)
adjudicating on original case
(2)
adjudicating on appeal case
(3)
adjudicating on revision case
(4)
adjudicating on matters vested by any law
4.
(a) With regard to the judicial matter, Yangon Region High Court is the high
court of the courts situated in Yangon City and Cocogyun Township.
(b)
In case any area located in regions or states is designated to be a Union
territory, the region or state high court concerned with regard to the judicial
matter is the high court of the courts situated in the said Union terri tory.
5.
District courts, self-administered division courts and self-administered area
courts have the jurisdiction with regard to original criminal cases, original
civil cases, or appeal cases and revision cases, or the matters vested by any
law.
6.
Township courts have the jurisdiction with regard to original criminal cases,
original civil cases, or the matters vested by any law.
7.
The judges appointed in accordance with law are to take charge of the entire
judicial affairs in the
8.
The Supreme Court of the
9.
The Chief Justice of the
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
YANGON,
13 Dec—The following is the presentation on a collection of detailed basic
principles on sharing of the executive and judicial power that are adopted for
formulating State Constitution by National Convention Convening Commission
Member Supreme Court Judge Dr Tin Aung Aye at the plenary session held yesterday
at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
Now,
I will present a collection of detailed basic principles on sharing of the
executive and judicial power that are adopted in accord with the suggestions of
a large number of delegates as follows:
1.
Powers and Functions of the President
“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 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.”
2.
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 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
3.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.”
4.
Executive power of leading body of self-administered divisions and self-
administered zones
1.
Subject to provisions of the Constitution, the self-administrative power of the
self-administered division and self-administered zone leading bodies extends to
the following matters:
(a)
with respect to which the self-administered division and self-administered zone
leading bodies has power to make laws;
(b)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the Pyidaungsu Hluttaw; and
(c)
with respect to which the self-administered division and self-administered zone
leading body has power to implement matters in accord with any law enacted by
the respective Region or State Hluttaws.
2.
Self-administered division or self-administered zone leading body has the duty
to help the Union Government in its drive to ensure stability of the State,
community peace and tranquillity and the rule of law.
3.
The self-administered division or the self-administered zone leading bodies
shall
(a)
subject to the policies of the Union Government, draw work programmes for
development of their territory and shall coordinate the matter with the
respective region government or state government;
(b)
draw annual budgets and coordinate with the region or state government concerned
in accord with the provisions of the Constitution for approval;
(c)
have the right to use the allotted budget funds included in the budget law of
the region or state concerned;
(d)
use the fund of the current expenditure permitted within the last-enacted budget
law of the hluttaw of the region or state concerned if they cannot obtain the
budget allotment in time due to region or state hluttaw’s failure to enact the
budget law in time.
4.
Self-administered division and self-administered zone leading bodies shall, in
accord with the law, supervise and coordinate the functions of civil service
organizations discharging duties in their territory.
5.
The self-administered division and self-administered zone leading bodies shall
submit reports stating the general situation of the territory to the Union
Government and the region or state government concerned.
6.
The self-administered division and self-administered zone leading bodies shall
carry out the task assigned occasionally to them by the Union Government and the
region or state government concerned.”
5.
State service personnel
“1.
State service personnel shall be free from party politics.
2.
Matters as to the appointment of employees, promotion, retirement, the
enforcement of rules, the designation of service rules, and taking of action
against service personnel in accordance with law.
3.
As to occupational security for State service personnel; the sufficiency of
food, clothing and shelter needs; maternal rights for married women service
personnel; and the provision of food, clothing and shelter assistance to the
retired, necessary laws shall be enacted.
4.
Given the unusual nature of the responsibility of the Tatmadaw members, who are
State service personnel, they shall be dealt with according to military laws.
5.
Given the unusual nature of the responsibility of Myanmar Police Force members,
who are State service personnel, separate laws shall be enacted for them.”
6.
The sharing of the judicial power
“1.
(a) The Supreme Court of the
(1)
in all matters arising under any treaty made by the
(2)
the disputes, other than the constitutional disputes, between the Union
Government and region or state governments,
(3)
the disputes, other than the constitutional disputes, among the regions, among
the states, between regions and states and between Union territories and regions
or states
(4)
other matters prescribed by any laws
(b)
as the Supreme Court of the Union is the highest court of the
(c)
as the judgments passed by the Supreme Court of the
(d)
The Supreme Court of the
(e)
The Supreme Court of the
2.
(a) The Supreme Court of the
(1)
Writ of habeas corpus
(2)
Writ of mandamus
(3)
Writ of prohibition
(4)
Writ of quo warranto
(5)
Writ of certiorari
(b)The
application to issue writs shall be suspended in the areas where the state of
emergency is declared.
3.
The courts of regions or states are vested with the following jurisdiction in
accordance with law:
(a)
adjudicating on original case
(b)
adjudicating on appeal case
(c)
adjudicating on revision case
(d)
adjudicating on matters vested by any law
4.
(a) With regard to the judicial matter, Yangon Region High Court is the high
court of the courts situated in Yangon City and Cocogyun Township.
(b)
In case any area located in regions or states is designated to be a Union
territory, the region or state high court concerned with regard to the judicial
matter is the high court of the courts situated in the said Union territory.
5.
District courts, self-administered division courts and self-administered area
courts have the jurisdiction with regard to original criminal cases, original
civil cases, or appeal cases and revision cases, or the matters vested by any
law.
6.
Township courts have the jurisdiction with regard to original criminal cases,
original civil cases, or the matters vested by any law.
7.
The judges appointed in accordance with law are to take charge of the entire
judicial affairs in the
8.
The Supreme Court of the
9.
The Chief Justice of the
Presentations
at NC to be published
YANGON,
13 Dec — Presentations made today at the National Convention by National
Convention Convening Work Committee Chairman U Aung Toe, Vice-Chairman U Aye
Maung and Secretary U Thaung Nyunt, National Convention Convening Commission
members Deputy Minister for Information U Thein Sein and Dr Tin Aung Aye of the
Supreme Court and National Convention Convening Work Committee member U Tin Aye
will be published.