Proposals on Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” presented

Yangon, 21 Dec — Four delegates presented proposals of National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party and Mro (or) Khami National Solidarity Organization of Delegate Group of Political Parties 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” in drafting the State Constitution at the Plenary Session of the National Convention which continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President 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 Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

Member of NCCWC U Myo Thant (Maung Hsu Shin) presided over the Plenary Session of the National Convention together with U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia, and U Tin Kha of Delegate Group of State Service Personnel and Dr Manan Tu Ja of Delegate Group of Other Invited Persons.

Director (Meeting) U Than Aung of NCCWC Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-MC.

The MC declared the start of meeting as 1,063 out of 1,080 delegates were in attendance, accounting for 98.43 per cent, and the plenary session commenced with the permission of the meeting chairman.

Delegates presented proposals of National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party and Mro (or) Khami National Solidarity Organization 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” in drafting the State Constitution. First, Delegate U Tun Yi presented proposals of National Unity Party.

(The presentation is reported separately.)

Next, U Khun Sein Win of Union Pa-O National Organization presented the organization’s proposals.

(The presentation is reported separately.)

The Plenary Session took a break at 10 am.

When the Plenary Session resumed at 10.15 am, U Khaung Daing of Shan State Kokang Democratic Party presented proposals of the party.

Afterwards, U Maung Pein (a) U Khin Maung Thein of Mro (or) Khami National Solidarity Organization presented proposals of the organization.

(The proposals will be reported.)

The Plenary Session went into recess at 11 am.

The Plenary Session continues tomorrow at 9 am.

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

Yangon, 21 Dec — The following is the translation of proposal submitted by National Unity Party of the Delegate Group of Political Parties to the Plenary Session of the National Convention for laying down the chapters “Amendment of Constitution”, “the State Flag, State Seal, National Anthem and the Capital”, “the Transitory Provisions”, and “the General Provisions” at the Nyaunghnapin Camp in Hmawby Township today.

I wish you all, Mr Chairman and members of the Panel of Chairmen, the Chairman of National Convention Convening Commission and members, the Chairman of National Convention Convening Work Committee and members, the Chairman of National Convention Convening Management Committee and members and delegates health and happiness.

I am U Tun Yi, a National Convention delegate of the National Unity Party.

Mr Chairman,

At the plenary session of the National Convention held from 10 to 13 November 2006, the Chairman of the National Convention Convening Work Committee explained the detailed basic principles for the chapters “Amendment of Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “the Transitory Provisions”, and “the General Provisions”.

He told the delegates to discuss whether to adopt the said detailed basic principles or not and to give other valuable suggestions if they have. We present our proposal based on the Work Committee Chairman’s clarification.

The NUP has compiled the paper in accord with the clarification of the Work Committee Chairman.

Mr Chairman,

We will now discuss the chapter “Amendment of the Constitution”. The para 1 of the chapter says:

“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.”

The NUP finds the para effective and appropriate to be adopted.

The detailed basic principle No 2 says, “Such Bill to amend the Constitution may be initiated in the Pyidaungsu Hluttaw”. The Pyidaungsu Hluttaw comprises the said two Hluttaws. Only the Pyidaungsu Hluttaw will draft bills and promulgate laws. Hence the detailed basic principles should be adopted.

The para 3 which says, “The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw members submit it” is appropriate to be adopted as a detailed basic principle.

The para 4 says as follows:-

“(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 Pyidaungsi Hluttaw, in a nation-wide 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.”

It is necessary to permit the amendment of a provision of the Constitution in accord with time and situation. But it may be difficult for the constitution to become a durable constitution if it can be easily amended.

We understand that the aim of the points concerning the chapter are not to harm the constitution’s long-lasting existence. Hence, we have no further suggestions concerning the four points of the chapter.

State Flag, State Seal, National Anthem, the Capital

Mr Chairman,

We will now discuss the detailed basic principles to be adopted for the chapter “State Flag, State Seal, National Anthem and the Capital”.

A detailed basic principle concerning the chapter says as follows:-

“(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.”

The Work Committee Chairman explained the definitions of the colours — green, yellow and red — to be included in the State Flag. The Work Committee Chairman explained that as the said three colours — green, yellow and red — portray the nation’s objective conditions and national unity, the Flag should be marked with green, yellow and red stripes in a proportionate ratio.

Concerning the Flag, he said, “As the national races have been living in the Union of Myanmar in weal or woe and in love and unity since time immemorial, the National Convention has adopted the fundamental principles “The Union is constituted by Pyidaungsu (Union) systems” and “no part of the territory of the Union, namely, Regions, States and Self-Administered areas etc, shall ever secede from the Union.” As all the national races are living through thick and thin and in unity, a big white star in an upward position representing the Union should be portrayed in the State Flag.”

As the Work Committee Chairman’s explanations are in accord with the nation’s objective conditions, the point 1 should be adopted as a detailed basic principle. Procedures and rules in connection with the State Flag and punishments for offences are prescribed in the separate law enacted by the legislative assemblies. The point 2 should be adopted.

Concerning the State Seal, the Work Committee Chairman said, “the State Seal should include the map of the Union of Myanmar.” “The words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be included in the State Seal.” He also explained. “The white star that is the symbol of the anti-colonialist and anti-Fascist struggles launched with the people’s strength should also be included in it. The Seal should be decorated with the picture of the lion king used as a tradition in the State Seals of the Union of Myanmar, and Myanmar traditional floral arabesque.”

As the Work Committee Chairman’s explanations concerning the State Seal reflect the history and traditions and culture of the nation, the point, “The State Seal shall be as shown below” should be adopted as a detailed basic principle.

It is found that many countries mention the song that should be prescribed as the National Anthem. Constitutions of some nations state that the legislative assembly should enact a law to prescribe the National Anthem. The present National Anthem has been used for over half a century. One of the fundamental principles adopted by the National Convention is “further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality. The present National Anthem also depicts the scnicere policy justice, freedom and equality. Hence the point “The present National Anthem shall be prescribed as the National Anthem” should be adopted as a detailed basic principle.

The capitals of most of the nations are located at the centre of the country. Now all the government institutions are carrying out their normal functions as their head offices have already been set up in Nay Pyi Taw. We have no further discussions concerning the detailed basic principle “The capital of the State is Nay Pyi Taw.”

Every independent and sovereign nation has its own State Flag, State Seal, National Anthem and Capital. Hence the detailed basic principles of the chapter should be adopted.

Mr Chairman,

I will now discuss the detailed basic principles concerning the chapter “Transitory Provisions”.

In our view the detailed basic principle, “This Constitution shall come into force throughout the Union after its adoption in a nation-wide referendum by more than half of all the people who have he right to vote” is approprite to be adopted.

The detailed basic principle “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 Hlutaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constition” is aimed at continuous running of all the State functions. Hence it should be adopted.

The detailed basic principles “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” and “All policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the State Peace and Development Council shall devolve on the Union of Myanmar” ensure facilitation of the functions of the transitory period. We have no further suggestions concerning the two points.

We find the detailed basic principles “Existing laws shall remain in force in so far as they are not contrary of this Consitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw” and “Existing rules, regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Consitutation until and unless they are repealed or amended by the Union Government” comprehensive and appropriate to be adopted.

The detailed basic principle “All courts existing on the date of the coming into operatioon 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” is aimed at continuous conducting of judicial functions without the occurrence of any reverse effects. Hence it should be adopted.

The detailed basic principle “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 their functions unless otherwise prescribed by the Government of the Union of Myanmar” guarantees security for all State service personnel in carrying out their tasks. It also should be adopted.

The situations before and after the promulgation of the Constitution will not be the same. Hence, the nation will reach a situation that is different from the past. Hence, the pillars— the legislative, executive and judicial powers— and the economic and social infrastructures will also change in accord with the new situation.

All detailed basic principles explained by the Work Committee Chairman concerning the chapter should be adopted.

General Provisions

Mr Chairman,

I will now discuss the detailed basic principles for the Chapter “General Provisions”.

We find that the para 1 “This Constitution is the basic law of laws of the State” is appropriate to be adopted as a detailed basic principle.

We agree that the Work Committee Chairman’s explanations in connections with the following para should be adopted as a detailed basic principle.

(2) Myanmar language is the official language.

(3) 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.

We have no further discussion in connection with the points “Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based on Myanmar text”; “Interpretation of the expressions of this Constitution should be referred to the existing Interpretation of Expressions Law”; and “A Myanmar manuscript of this Constitution shall be kept at the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution” as they are truly required for ensuring uniformity and facilitation in the functions concerning the Constitution.

Myanmar has adopted the market-oriented economy. Economic enterprise should be extended in the interest of the State and the people. As the para 7 permits the formation of joint ventures of private enterprises and other organizations, it contributes to economic development. Hence, the para should be adopted as a detailed basic principle.

The para 8 that concerns the honouring of all legitimate obligations arising of any treaties or agreements which before the commencement of this Constitution were in force, and the para 9 which states that the Union of Republic of Myanmar may sue and may be sued indicates the duty and responsibility of the State are suitable to be adopted.

We have no further suggestions concerning the para 10 which states that the Constitutional Tribunal should consist of nine members including chairman; that the President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each who meet the required qualifications.

The paras, 11, 12, 13 and 14 concern the presentation of the list of the members to the Pyidaungsu Hluttaw for approval; the right of the Pyidaungsu Hluttaw to reject the persons nominated for members of the Constitutional Tribunal by the President unless it can prove the members disqualified; the President’s 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; and the appointment of the chairman and members of Constitutional Tribunal approved by the Pyidaungsu Hluttaw. They are appropriate to be adopted as detailed basic principles.

The para 15 which says, “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 para 16 enables the members of the Constitutional Tribunal to discharge their duties well and fairly, we are in favour of adopting it.

We have no further suggestions concerning the para 17 which says, “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 due to a reason” and para 18 which says, “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.”

The NUP finds the para 19 suitable to be adopted as a detailed basic principle. We have no further suggestions concerning the para 20.

We are in favour of adopting the para 21 which states, “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” and the para 22 which states, “The decision of the Constitutional Tribunal shall be final”.

We have no further suggestions concerning the para 23 which states that the persons who should have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and the para 24 which concerns the persons or bodies that should have the right to submit a case to the Constitutional Tribunal.

The NUP has no further suggestions concerning the para 25— 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— and the para 26— 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.

Mr Chairman,

The Work Committee Chairman after studying in detail the constitutions of some world nations, the 1947 Constitution and the 1974 Constitution of Myanmar explained the detailed basic principles concerning the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, Capital, “Transitory Provisions” and “General Provisions” within the framework of the objectives of the National Convention and the fundamental principles adopted by the Constitution. Hence, the detailed basic principles are suitable to be adopted.

Mr Chairman and National Convention delegates,

Since the beginning of the National Convention, the NUP has been participating in it together with other delegates to lay down the objectives, fundamental principles and detailed basic principles. And it is a prestige for the party. We vow to take part in the task for the emergence of a modern and developed democratic state in cooperation with the people.

Pyidaungsu Hluttaw shall hold discussions about a bill, of which amendments should be made, when the report endorsed by at least 20 per cent of the initial number of Hluttaw members is submitted

Yangon, 21 Dec — The following is the full text of proposal submitted by Union Pa-O National Organization of the Delegate Group of Political Parties to the Plenary Session of the National Convention for laying down the chapters “Amendment of Constitution”, “the State Flag, State Seal, National Anthem and the Capital”, “the Transitory Provisions”, and “the General Provisions” at the Nyaunghnapin Camp in Hmawby Township today.

Mr Chairman and members of the Panel of chairman, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, and representatives of the eight delegate groups, I extend my greetings to you all. I am representative U Khun Sein Win of the Union

Pa-O National Organization.

Mr Chairman,

Every nation has to draw a new constitution and make amendments to it occasionally. A constitution is the lifeblood of the nation concerned, so unnecessary amendments should not be made to the constitution. In particular, there should not be any amendment that is likely to harm the fundamental rights of the citizens. If an amendment is made to the State constitution in such a way as amending a normal law, the whole State constitution will lose its essence to a certain degree and that will harm the image of the nation concerned. The initial constitution of the United States did not manifest any fundamental rights of the citizens, and later amendments were made occasionally to the constitution. In France, amendments have been made to the State constitution 14 times. Some countries, England for example, do not have any specific state constitution documented in a book, and they therefore do not need to make any amendments to the constitution concerned and apply a suitable law when need arises.

We can perceive that the constitutions of some countries prescribe two ways in making amendments. The first way calls for the approval of at least 75 percent or two-thirds of the initial number of Hluttaw members (members of parliament). And, a referendum will be held on the amendments. The second needs the approval of 75 percent or two-thirds of the initial number of Hluttaw members. Specific principles should be prescribed so that amendments can be made to the constitution in a proper way if need arises. And the principles that need amendments should be submitted as bills. In this regard, a principle should be prescribed to designate the Hluttaw where a bill shall be initiated. In the upcoming State constitution, a bill to make an amendment should be submitted to the Pyidaungsu Hluttaw. And there should be a principle that the Pyidaungsu Hluttaw shall hold discussions about a bill, of which amendments should be made, when the report endorsed by at least 20 percent of the initial number of Hluttaw members is submitted. In addition, specific principles should be included in the State constitution to prescribe ways to make amendments to specific principles and articles. The Work Committee chairman made a complete clarification to the ways of making amendments to the State constitution referring the 1947 constitution and the 1974 constitution. So, I suggest that the four points proposed for the detailed basic principles for the Chapter “ Amendment of the Constitution” be adopted.

State Flag, State Seal, National Anthem and Capital

Mr Chariman

Now, I would like to deal with the Chapter “State Flag, State Seal, National Anthem and Capital”. Every independent and sovereign nation has its own specific State Flag, State Seal, National Anthem and the Capital. And they lay down specific principles to prescribe dos and don’ts, offences and punishments in connection with State Flag. And the stipulation of the State Flag mostly depends on the history of the nation concerned. Colours including white, red, blue, green, yellow, orange etc are used in the State Flags in a proper way. The 1947 constitution enumerated complete facts about State Flag. From time immemorial, the people have been living in the Union of Myanmar through thick and thin. And a basic principle has been adopted that no part of the territory of the Union shall ever secede form the Union. So, a big white star in an upward position representing the Union should be portrayed in the State Flag. Myanmar is an agro-based nation, and so the colour “green” that stands for peace and tranquillity and lush and verdant evnironment, yellow that depicts solidarity, harmony, re-consolidation and love and unity of all the national races, yellow that is a royal colour representing the glory, and red, which means valour and decisiveness, should also be portrayed in the State Flag. The 1947 constitution did not feature any principles for State emblem, but the 1974 constitution did. Principles relating to the State Seal are prescribed in the constitutions of some nations. In the constitutions of some nations, any principle in connection with State Seal is prescribed by the legislative body. A nation has four characteristics namely population, territory, government and sovereignty. The principle adopted by the National force in the whole country, the map of the Union of Myanmar should be embodied on the State Seal. The words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be mentioned at the foot of the State Seal to indicate the Union that is peaceful one with flourishig democracy and national solidarity. The white star that is the symbol of the anti-colonialist and anti-Fascist struggles launched with the people’s strength should also be included in it. The Seal should be decorated with the picture of the lion king used as a tradition in the State seals of the Union of Myanmar, and Myanmar traditional floral arabesque. The 1947 constitution stipulated National Anthem of the Union of Myanmar. Any of the other songs proposed for National Anthem were not as good as the original one prescribed in the 1947 constitution. So, the 1974 constitution also prescribed that National Anthem. Some countries mentiion the song that should be prescribed as the National Anthem. So, the present National Anthem should be prescribed as the National Anthem.

The constitutions of some nations state the name of the capital, but some do not mention so. Generally, a nation designates a city as its capital that has good local and foreign relations with a sea port. So, the Union of Myanmar should designate Nay Pyi Taw its capital that is located in the heart of the nation with smooth transportation. So, I suggest that the points the Work Committee presented for the Chapter “State Flag, State Seal, National Anthem and Capital” be adopted as detailed basic principles.

Transitory Provisions

Mr Chairman,

Now, I would like to discuss the Chapter “Transitory Provisions”. The situation of a nation before the Constitution does not come into force is somewhat different from that after the Constitution comes into force. So, it is required to prescribe transitory provisions in the State Constitution to ensure that organizations at all levels can carry out their duties continuously. The 1947 constitution and the 1974 constitution of the nation carry transitory provisions. After a State Constitutution is drafted, the date, on which a Constitution comes into force, should be designated. According to the seven-step Road Map, the State constitution will have to be adopted through a referendum. After the State Constitution comes into force, the State Peace and Development Council will have to hand over the power to the Pyidaungsu Hluttaw. According to the provisions of the 1947 and 1974 constitutions, the SPDC practices State sovereignty until the Pyidaungsu Hluttaw holds the first session.

Here, it is needed to prescribe a provision that the SPDC has to discharge necessary legislative functions before the Pyidaungsu Hluttaw comes into operation. It is also required to prescribe a principle that the SPDC has built basic foundations to realize the State objectives, and issued policy guidelines, laws, rules, regulations, orders in accord with the constitution and any existing laws contrary to the Constitution are to be amended or repealed from time to time. The 1947 constitution and the 1974 constitution also prescribed these points. All courts existing on the date of the coming into operation of this Constitution should have the rights to continue to exercise their jurisdiction until new courts are established by law in accord with this Consitution. It is also required to ensure that all State service personnel of departmental organizations continue in their functions. Therefore, I suggest that the eight points the Work Committee chairman clarified for the Chapter “Transitory Provisions” should be adopted as detailed basic principles.

General Provisions

Mr Chairman,

The Chapter “General Provisions” is included in the State constitution to prescribe appropriate laws that are not included in the State constitution yet or that are added, or are necessary for other provisions. The points that are not included in the State constitution from chapters No 1 to 14 should be adopted for the Chapter “General Provisions”. Referring to the 1947 constitution and the 1974 constitution, the Work Committee chairman thoroughly explained that this Constitution is the basic law of laws of the State, Myanmar language is the official language, the basic principles stated in the State constitution are the guidelines to be followed, interpretation of the Constitution shall be based only on Myanmar text and a Myanmar manuscript of this Constitution should be kept at the National Archives. He also explained matters on establishment of a constitutional tribunal and assigning duties to it. He also said that the decisions of the Constitutional Tribunal should be final. As a matter of fact, a State constitution is the work written by the citizens of the nation concerned. Only when all the people with or without authority follow the provisions of the State constitution, will it be active. So, I suggest that the 26 points the Work Committee chairman explained be adopted as detailed basic principles. The National Convention will be able to complete the drawing of the State constitution soon. Therefore, I would like to urge all to contribute towards the shaping of a brighter future of the nation without egotism, personality cult, ideology attachment and racism.

That is all for my suggestions about the detailed basic principles for the chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions”.