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

Yangon, 23 Dec— The following is a translation of the proposals on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution made by Lahu National Development Party at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday.

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 Kya Ha She, a National Convention delegate of the Lahu National Development Party. I will now discuss the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions”.

Amendment of the Constitution

Mr Chairman,

First, I will discuss the adoption of the detailed basic principles in connection with the Chapter “Amendment of the Constitution”.

As regards the matter, the section 208 of the 1947 Constitution prescribed as follows:

(1) Every proposal for an amendment of this Constitution shall be in the form of a Bill and shall be expressed as a Bill to amend the Constitution.

(2) A Bill containing a proposal or proposals for the amendment of the Constitution shall contain no other proposals.

Hence, we are in favour of adopting the following detailed basic principle.

“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 new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw comprises the said two Hluttaws. Only the Pyidaungsu Hluttaw will draft bills and promulgate laws.

Hence, the following detailed basic principle concerning the matter should be adopted.

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

Mr Chairman,

As regards the matter, the section 209 (2) of the 1947 Constitution prescribed, “After it has been passed by each of the Chambers of Parliament, the Bill shall be considered by both Chambers in joint sitting.”

According to the above-mentioned point it has already been explained clearly that, the Bill can be submitted only to the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw should consider discussing the Bill only if 20 per cent of all the members of the Pyidaungsu Hluttaw submit it. We agree to adopt the following detailed basic principle:

“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.”

The 1947 Constitution of Myanmar prescribed, “The Bill shall be deemed to have been passed by both Chambers in joint sitting only when not less than two-thirds of the then members of both Chambers have voted in its favour.” The  prescribed the amendment of the Constitution in a separate Chapter. Hence, we would like to suggest to adopt the following detailed basic principle.

“(a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a 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.”

“State Flag, State Seal, National Anthem and the Capital”

Mr Chairman,

I will now discuss the chapter “State Flag, State Seal, National Anthe and the Capital”.

The national races have been living in the Union of Myanmar in weal or woe and in love and unity since time immemorial. 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 Myanmar is an agro-based nation, the colour green that stands for peace and tranquillity and lush and verdant environment should be used. In addition, yellow that depicts solidarity, harmony, re-consolidation and love and unity of all the national races should be used in the Flag. Moreover, red, which means valour and decisiveness, should also be portrayed. 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. On the left end of the green stripe at the top should be a big white star directing upwards in the State Flag.

Thus, we are in support of adopting the following detailed basic principles.

“(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.”

Mr Chairman,

Now, I will discuss the adoption of detailed basic principles in connection with the State Seal. Concerning the State, the National Convention has adopted the fundamental principles “sovereign power of the State is derived from the citizens and is in force in the whole country” and “the State shall be known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw (the Union of the Republic of Myanmar)” Hence, the State Seal should include the map of the Union of Myanmar.

In accord with the adopted fundamental principle “the State shall be known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw”, the words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be included in the State Seal.

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 Myanmar, and Myanmar traditional floral arabesque.

The picture of the State Seal should be portrayed and the following detailed basic principle should be adopted.

“The State Seal shall be as shown below.”

Mr Chairman,

I will now discuss the adoption of a detailed basic principle in connection with the National Anthem. The present 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 sincere policy — justice, freedom and equality. Objectives of the National Convention include the adopted fundamental principles — non-disintegration of the Union; non-disintegration of national solidarity; perpetuity of sovereignty. Other 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” have already been adopted. The present National Anthem depicts our task of safeguarding the Union that we have inherited from our forefathers, at the risk of our lives, and serving the interest of the Union in harmony and unison.

Hence, the following detailed basic principle should be adopted.

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

Mr Chairman,

Now, I will discuss the matter concerning the Capital of the Union of Myanmar. The capitals of most of the nations are located at the centre of the country. Every country designates the city that is the seat of the government as the capital. Mostly, a city located in a place that is lying in the nation’s hub and that is easy to access is prescribed as the capital.

The government has already built the capital “Nay Pyi Taw”, in the region located in the central part of the country to further enhance national unity and facilitate transport with all the states and divisions. Now all the government institutions are carrying out their normal functions at their head offices set up in Nay Pyi Taw. Hence, Nay Pyi Taw where all the government institutions have established headquarters, should be prescribed as the nation’s capital.

We agree to adopt the following detailed basic principle.

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

Transitory Provisions

Mr Chairman,

Now, I will discuss the detailed basic principles for the Chapter “Transitory Provisions”.

Article 195 of the  says, “This Constitution shall come into force throughout the Union after its adoption in a nationwide referendum by more than half of all the people who have the right to vote”.

And Article 196 of the  says: “The Revolutionary Council of the Union of Burma 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 Pyithu Hluttaw is convened, all the functions of the Pyithu Hluttaw under the Constitution. The work done by the Revolutionary Council to bring the Constitution into force shall be deemed to have been carried out in accordance with the Constitution”.

Mr Chairman,

The State Peace and Development Council has built basic foundations to realize the State objectives, and issued policy guidelines, laws, rules, regulations, orders, and proclamations to expedite all-round tasks for building a modern developed democratic nation. Accordingly, a detailed basic principle “All measures, responsibilities and rights of the State Peace and Development Council shall devolve on the Pyidaungsu Hluttaw that will come into being under the State Constitution” should be laid down. The future Pyidaungsu Hluttaw and the Government of the Union of Myanmar have the rights to exercise powers, responsibilities and privileges the State Constitution has bestowed on them. Detailed basic principles regarding the devolving on the State’s policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights, the cases pending in courts at all levels on the date on which the Constitution comes into operation, and State service personnel should be laid down.

The eight detailed basic principles explained by the Work Committee Chairman at the plenary session of the National Convention are in conformity with the nation’s realistic conditions, history and current situation. We discuss in support of adopting all the eight detailed basic principles.

General Provisions

Mr Chairman,

Presentation will be made on the points that should be adopted as detailed basic principles for the Chapter “General Provisions” to be included in the Constitution.

The  of Myanmar and constitutions of some world nations state that the Constitution is the basic law of laws of the State. The Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic system. Hence all the laws of a nation should be in conformity with the Constitution.

Not only the 1947 Constitution but also the  prescribed that Myanmar language shall be the official language. Actually, Myanmar language is widely used in various parts of the nation. We support that in the future also Myanmar language should be proclaimed as the official language for uniformity and clarity in communications between the people and the government institutions, and among the government institutions, without any controversy.

In the 1947 Constitution it was prescribed that the copy of the Constitution should be enrolled in the Office of the Registrar of the Supreme Court; and that copy shall be the conclusive evidence of the provisions of the Constitution.

Mr Chairman,

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

Now, the nation has seen many economic enterprises that are jointly run with the government based on mutual interest, or internal or external organizations or persons are running under the terms and conditions stipulated by the State. After the State Constitution comes into force, there will emerge economic enterprises the Union government will have to run solely, and economic enterprises that Region government or State government will have to run in accord with the provisions of the State Constitution. And there may arise a situation for which a Region or State government is to be vested with the right to run one of the economic enterprises which the Union government has to run solely, in the interests of the State. Moreover, there may arise situations for which a cooperative society or an economic organization or a person may enjoy the right to run such economic enterprises. It is assumed that a detailed basic principle should be adopted concerning the matter.

Mr Chairman,

The Union of Myanmar will have to honour the legitimate obligations arising out of any treaties or agreements between the Government of Myanmar and the Government of any other State provided that these countries honour any reciprocal obligations towards the Union of Myanmar. It is found that the 1947 Constitution of our country and the State constitutions of many other countries carry similar provisions.

The Pyidaungsu Thamada Myanmar Naing-Ngan Daw that will come into existence after this Constitution comes into force should have the right to sue and may be sued by the name of the Pyidaungsu Thamada Myanmar Naing-Ngan Daw.

A Constitutional Tribunal shall be set up to interpret provisions of the State Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution, to decide on disputes in connection with the State Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves to perform other duties prescribed in the State Constitution.

The tasks of Constitutional Tribunal should be prescribed in the detailed basic principles as necessary in order that they can be scrutinized and decided when the President informs the matters regarding the Union territories.

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

Mr Chairman,

The Work Committee Chairman explained the 26 detailed basic principles for the chapter on General Provisions at the plenary session of the National Convention held on 13 November 2006. In his explanations, he gave references to the 1947 Constitution and the  of Myanmar, and constitutions of some world nations, for the benefit of the nation. Moreover, we find that his explanations are in conformity with the nation’s natural conditions, traditions and culture, customs, history and current political, economic and social conditions. In this regard, we would like to suggest that all the 26 detailed basic principles should be adopted.

And with this, I conclude our proposal on the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions”.

Specific principles should be prescribed so that amendments can be made to the constitution in a proper way if need arises

Yangon, 23 Dec— The following is a translation of the proposals on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution made by Union Kayin League at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday.

Mr Chairman and members of the Panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee and NC delegates, I extend my greetings to you all.

I am representative U Saw San Shwe of the Union Kayin League.

Mr Chairman and NC delegates,

Firstly, I would like to make suggestion about the clarification the National Convention Work Committee chairman made to the points for the Chapter “Amendment of the State Constitution” to be included in the State constitution.

The nation after adopting and promulgating the Constitution will have to make amendments as necessary depending on time and situation. When the amendments of the Constitutions of some nations are studied, there are two ways to amend a Constitution. The first method is to hold a referendum to make an amendment of some provisions of the Constitution after 75 per cent of all the MPs or two-thirds of the MPs have made a prior approval to amend them. The second method calls for the approval of 75 per cent or two-thirds of all MPs. In the Union of Myanmar also, the topic has been provided as a separate Chapter in both the 1947 Constitution and the .

Mr Chairman,

In explaining the points for the Chapter “Amendment of the State Constitution”, the Work Committee chairman referred to the provisions stated in the 1947 constitution and the . He said that the new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw comprises the said two Hluttaws. Only the Pyidaungsu Hluttaw will draft bills and promulgate laws.

Mr Chairman,

Specific principles should be prescribed so that amendments can be made to the constitution in a proper way if need arises. In the process, the provisions that need amendments should be submitted as bills, and these bills should stipulate no other proposals except the provisions. And there should be a principle that the bill to make amendments to the Constitution may be initiated in the Pyidaungsu Hluttaw. And instead of submitting the bill directly to the Pyidaungsu Hluttaw, there should be a stipulation, and the submission of the Bill should be in accord with the provisions. It means that such a bill shall be submitted to the Pyidaungsu Hluttaw only. So, there should be a principle that the Pyidaungsu Hluttaw shall hold discussions about a bill, to which amendments should be made, when the report endorsed by at least 20 percent of the number of Hluttaw members is submitted.

Mr Chairman,

It has been stated that the adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote.

The four points the Work Committee chairman explained are appropriate for the Chapter “Amendment of the State Constitution”, and so they should be adopted as detailed basic principles.

State Flag, State Seal, National Anthem and Capital

Mr Chairman and NC delegates,

Now, I would like to make suggestions about the Work Committee chairman’s clarification to 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. Some nations stated them in the Constitution and in some nations, the legislative assembly promulgates separate laws concerning them. Mostly, provisions concerning the State Flag focus on the means to stipulate and design it. Procedures and rules in connection with the State Flag and punishments for offences are prescribed in the separate law enacted by the legislative assembly. The stipulation of the State Flag mostly depend on history of a nation. Colours including white, red, blue, green, yellow, orange etc are used in the State Flags in accord with the history of a nation.

Mr Chairman,

In his explanation about the Chapter “State Flag, State Seal, National Anthem and Capital”, the Work Committee chairman referred to the 1947 constitution and the . We members of the Union Kayin League would like to refer to the 1947 constitution and the  in making suggestions about the State Flag. The State leaders designated red, blue and white for the State Flag in Section 215 of the 1947 constitution.

The design of the State Flag proposed by the Work Committee chairman will contribute towards the drive for transforming the nation into a modern and developed one. So, we do not make any suggestions, and these points should be adopted as detailed basic principles.

Mr Chairman,

Stipulation of the State Seal is prescribed in the constitutions of some nations. In the constitutions of some nations, the stipulation of the State Seal is not included in the provisions, instead, their constitutions prescribe that the State Seal should be prescribed with a law enacted by the legislative assembly. But their constitutions have provisions stating that the State Seal should reflect the history, culture and customs of the race. In some countries, it is stated that after the State Seal has been adopted by the legislative assembly, it has to be ratified at a referendum.

Concerning the State, the National Convention has adopted the fundamental principles “sovereign power of the State is derived from the citizens and is in force in the whole country”.

Therefore, the State Seal the Work Committee chairman proposed is appropriate and the point should be adopted as a detailed basic principle.

Mr Chairman,

Now, I would like to discuss the detailed basic principle for the National Anthem.

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

In addition, it conforms with the basic principles adopted by the National Convention. So, the point “The present National Anthem shall be prescribed as the National Anthem” should be adopted as a detailed basic principle.

Mr Chairman,

Regarding the laying down the detailed basic principle for the designation of the capital of the Union of Myanmar, the point “The capital of the State is Nay Pyi Taw” the Work Committee chairman explained should be adopted as a detailed basic principle.

Transitory Provisions

Mr Chairman and NC delegates,

Now, I would like to discuss the detailed basic principles that the Work Committee chairman proposed for the Chapter “Transitory Provisions” to be included in the State constitution.

In formulating a State Constitution, the situation of a nation before the Constitution comes into force is somewhat different from that after the Constitution comes into force. It is, indeed, transition from one system to another. In the process, there follow changes in the major pillars—legislation, executive and jurisdiction—and economic and social infrastructures during the transitional period. It is required to prescribe transitory provisions in the State Constitution to ensure continuous exercise of State sovereign powers as well as charter, duties and responsibilities to be carried out during the transitional period. It is found that the State Constitutions of the nations of the world carry transitory provisions, and so does the 1947 Constitution of Myanmar. The  does not feature a separate heading for transitory provisions, but transitory provisions are prescribed in its Chapter XVI “General Provisions”.

Mr Chairman,

After a State Constitution is drafted, only when the date, on which a Constitution comes into force, is mentioned, will the Constitution come into operation on that date.

Now, the seven-step Road Map is in the process of being implemented for the building of a new nation.

The fourth step says “Adoption of the Constitution through a national referendum”. In accord with the work programme, the draft will be adopted through a referendum.

Therefore, regarding the coming into force of the State Constitution, the point:

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

should be adopted as a detailed basic principle.

Mr Chairman,

After the State Constitution comes into force, the State Peace and Development Council will have to hand over the power to the Pyidaungsu Hluttaw that will emerge under the State Constitution. Hluttaws to be formed under the State Constitution will not emerge immediately, but only after Hluttaw members have been elected. The three sovereign powers of the State — legislative, executive and judicial powers — can be exercised continuously only if the SPDC exercises the three sovereign powers during the transitional period between the adoption of the State Constitution and coming to being of the Hluttaws and then hands them over.

Section (231) of the 1947 Constitution and Article 196 of the  say that the government, which is currently taking responsibilities, has to continue to exercise the three branches of State sovereignty until it hands over the power to it successor.

So, the point “The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constitution.” should be adopted as a detailed basic principle.

Mr Chairman,

So, power should be vested in the SPDC to carry out legislative functions on behalf of the Pyidaungsu Hluttaw heretofore the Pyidaungsu Hluttaw comes into existence. In this regard, it is required to lay down a principle to recognize that the work done by the SPDC to bring the Constitution into force shall be deemed to have been carried out in accord with the Constitution. Article 196 of the  says, “The work done by the Revolutionary Council to bring the Constitution into force shall be deemed to have been carried out in accordance with this Constitution”.

Therefore, the point “The work done by the State Peace and Development Council to bring the Constitution into force shall be deemed to have been carried out in accord with this Constitution.” should be adopted as a detailed basic principle.

Mr Chairman,

The SPDC has built basic foundations to realize the State objectives, and issued policy guidelines, laws, rules, regulations, orders, and proclamations to expedite all-round tasks for building a modern developed democratic nation. Accordingly, a detailed basic principle “All measures, responsibilities and rights of the State Peace and Development Council shall be vested in the Pyidaungsu Hluttaw that will come into being under the State Constitution” should be laid down. The future Pyidaungsu Hluttaw and the Government of the Union of Myanmar have the rights to exercise powers, responsibilities and privileges the State Constitution bestowed on them. So, they will have to continue in their functions.

Article 199 of the  says, “All policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the Revolutionary Council of the Union of Burma shall devolve on the Socialist Republic of the Union of Burma”.

Therefore, the point “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” should be adopted as a detailed basic principle.

Mr Chairman,

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

That was referred to paras (1) and (2) of Section 226 of the 1947 Constitution and paragraph (b) of Article 202 of the . Therefore, the point “Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.” should be adopted as a detailed basic principle.

Mr Chairman,

Before a new Constitution comes into force, there have been predominant rules, regulations, bye-laws, notifications, orders, directives and procedures in a country. After the new Constitution comes into operation, these existing rules, regulations, bye-laws, notifications, orders, directives and procedures are to remain in force if they are not contrary to the new Constitution, and to be annulled if they are contrary to the new Constitution.

These points were stated in paragraphs (c), (d), (e) and (f) of Article 202 of the . So, the point, “Existing rules, regulations, by-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Union Government.” should be adopted as a detailed basic principle.

Mr Chairman,

To ensure continuous exercise of jurisdiction during the transitional period, all courts existing on the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are established by law in accord with this Constitution.

Therefore, regarding the cases pending in courts at all levels, the point, “All courts existing on the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are established by law in accord with this Constitution. All cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the date on which the cases came up for trial.” should be adopted as a detailed basic principle.

Mr Chairman,

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

That is enumerated in paras (f) and (g) of Section 202 of the . Therefore, regarding State service personnel, the point “All functioning State service personnel of departmental organizations including Tatmadaw under the State Peace and Development Council on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Government of the Union of Myanmar” should be adopted as a detailed basic principle.

Mr Chairman,

We find complete the points the Work Committee chairman clarified at the NC plenary session for transitory provisions. So, we would like to make no suggestions about that.

So, the eight points proposed for the Chapter “Transitory Provisions” should be adopted as detailed basic principles.

General Provisions

Mr Chairman and NC delegates,

Now, I would like to deal with the points proposed for the Chapter “Transitory Provisions” to be included in the State constitution.

A Constitution is the main law that reflects a nation’s history and portrays the structure of that nation. Moreover, the Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic system. Hence all the laws of a nation should be in conformity with the Constitution. In the  of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of laws of the State.

Mr Chairman,

After conducting a careful study on the points the Work Committee chairman explained for the Chapter “General Provisions”, the points:

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

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.

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

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

6. 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.

7. In the interest of the State, the Union Government may permit—

(a) Region or State government,

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

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

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

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

are appropriate. So, we would like to make no suggestions about these points and they should be adopted as detailed basic principles.

Mr Chairman,

The Work Committee chairman explained matters on the formation of a constitutional tribunal.

We would like to make suggestions for the formation of a constitutional tribunal.

The functions of the Constitutional Tribunal are very formidable. Some of them are to define the provisions of the State Constitution if necessary, and resolve disputes on matters related to the State Constitution. So, a member of the Constitutional Tribunal should be the one who is at least 50 years of age with the qualifications set for a Union Chief Justice and a Union Chief Court Judge. In addition, it should have members who are knowledgeable about political, administrative, economic and security affairs. And members should be the ones who are loyal to the State and the people because they will be assigned high-level duties in the interests of the State. It will be suitable if the membership of the Constitutional Tribunal is nine including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw should choose three members each from among Hluttaw members or non-Hluttaw members with the approval of the Pyidaungsu Hluttaw. It is assumed that the Pyidaungsu Hluttaw should not have the right to reject a member of the Constitutional Tribunal nominated by the President unless it can prove the member disqualified. In addition, the President should have the right to nominate new members for the seats that are still vacant due to the failure to obtain the agreement of the Pyidaungsu Hluttaw. The points the Work Committee chairman explained are complete, so I would like to suggest that these points be adopted as detailed basic principles.

The 26 points the Work Committee chairman explained regarding the term of the Constitutional Tribunal, appointment of a member to the Constitutional Tribunal, impeachment of a member of the Constitutional Tribunal, its functions, disputes as to whether a provision of a law is in conformity with the Constitution in a case being heard by a court, and designation of the status of the chairman and a member of the Constitutional Tribunal are complete. So, these 26 points should be adopted as detailed basic principles.

Mr Chairman and NC delegates,

That is all for the Union Kayin League’s suggestions about the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution.