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

Yangon, 26 Dec — Delegates presented proposals of National Unity Party and Mro (or) Khami National Solidarity Organization and nine independent representatives-elect of Delegate Group of Representatives-elect 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 1 pm 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.

U Maung Gyi of Delegate Group of Representatives-elect presided over the Plenary Session of the National Convention together with Member of NCCWC U Myo Thant (Maung Hsu Shin), U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, 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 1,069 out of 1,080 delegates were in attendance, accounting for 98.98 per cent, and the plenary session commenced with the permission of the meeting chairman.

Delegates presented proposals of National Unity Party and Mro (or) Khami National Solidarity Organization and nine representatives-elect of Delegate Group of Representatives-elect 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 Thet Wai of National Unity Party said that the proposals to be submitted are the same as those presented by U Tun Yi of the party on 21 December, 2006 and thus to save the time he would not submit the proposals again and presented them to the chairman.

Next, Representative-elect U San Tha Aung of Mro (or) Khami National Solidarity Organization of Rakhine State Kyauktaw Township Constituency-2 said that the proposals to be submitted are the same as those presented by U Maung Pein (a) U Khin Maung Thein of the organizations on 21 December, 2006 and thus to save the time he would not submit the proposals again and presented them to the chairman.

Afterwards, three Independent Representatives-elect of the Delegate Group of Representatives-elect presented their 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” in drafting the State Constitution in three parts. First, Dr Hmu Htan of Thantalang Township constituency, Chin State, presented the proposals and the Plenary Session took a break at 1.50 pm.

When the Plenary Session resumed at 2.10 pm, U Aung Thein of Ywangan Township constituency, Shan State (South) presented the proposals.

Next, U Tun Kyaw of Namhsam Township constituency, Shan State (North) presented the proposals and the Plenary Session took a break at 3.05 pm.

(Proposals are reported separately.)

When the Plenary Session resumed at 3.20 pm, proposals of six Independent Representatives-elect including U Tin Win of Delegate Group of Representatives-elect were presented in two parts. First, Independent Representative-elect U Tin Win of Kyaiklat Township Constituency-2 presented the proposals.

Next, U Thein Kyi of Taungdwingyi Township Constituency-1 presented the proposals and the Plenary Session went into recess at 4.15 pm.

(The proposals of six Independent Representatives-elect will be reported.)

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, 26 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 collectively presented by independent representative-elect Dr Hmu Htan of Thantlang Township constituency, Chin State, U Aung Thein of Ywangan Township constituency, Shan State (South), and U Tun Kyaw of Namhsan Township constituency, Shan State (North) at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, today.

Esteemed 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, and the Chairman of National Convention Convening Management Committee and members,

National Convention delegates,

I am independent representative-elect Dr Hmu Htan of Thantlang Township constituency, Chin State. I wish you Mr Chairman and members of the panel of chairmen, officials and National Convention delegates health and happiness. The proposal paper on “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “Transitory Provisions” and “General Provisions” is collectively compiled by independent representative-elect Dr Hmu Htan of Thantlang Township constituency, Chin State, U Aung Thein of Ywangan Township constituency, Shan State (South), and U Tun Kyaw of Namhsan Township constituency, Shan State (North). I will read the chapters “Amendment of the Constitution” and “State Flag, State Seal, National Anthem, the Capital”; U Aung Thein, the chapter “Transitory Provisions”; and U Tun Kyaw, the chapter “General Provisions”.

Mr Chairman,

A nation is formed and safeguarded in accord with the provisions contained in the constitution. If we study the constitution of a nation we can know its system, formation and stance and the persons it serves and protects. The constitution is called the backbone, the lifeblood or the mirror of a nation. In other words, the Constitution states the fundamental principles concerning the organizations that will realize the political and public affairs, the stipulations that will guarantee the rights of the people, and the sectors where the public will have to participate with cooperative efforts. Constitution is not the affairs of a person, a group or an organization. It is the affairs of every citizen. All the people should take interest in and understand the essence of the constitution and the fact that the constitution is concerned with them.

Mr Chairman,

The National Convention has been laying down and adopting the fundamental principles and detailed basic principles of the 15 chapters for the formulation of the Constitution. Now, the National Convention has reached the stage of discussing the detailed basic principles of the last four chapters. The fundamental principles and detailed basic principles have been laid down based on further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality and flourishing of genuine multiparty democracy. The Constitution whose provisions are based on the said fundamental principles and detailed basic principles will surely serve the interest of all the national races who are the people of the nation.

Amendment of the Constitution

Mr Chairman,

Now I will present the proposal in connection with the detailed basic principles for the chapter “Amendment of the Constitution”. Human thoughts, ideas, efforts and knowledge never remain the same. They are constantly developing. Changes, substitutions and developments should be made in accord with the time and situation. It is necessary to amend a constitution in accord with the time and situation. If the provisions concerning the amendment are too strict, the Constitution will not be in conformity with the time and situation because of the difficulties in amending it. It is true that there will be difficulties in carrying out the functions if they are being implemented in accord with the original constitution without making amendments even though the situation is calling for changes in the Constitution. And if amendments are permitted easily, the essence of the Constitution will be ruined because of the frequent amendments. Moreover the Constitution may become different from its original stance. Hence, we must avoid the two extremes — too much restrictions and too little restrictions — in designating the provisions concerning the amendment. Hence, the middle way should be our option in this matter.

The 1947 Constitution and the 1974 Constitution stipulated the provisions on the amendment in the separate chapters. There should be means to amend the Constitution. There should be a provision saying that any amendment must be in the form of a Bill and that the Bill should not contain other proposals. The 1947 Constitution stated the same. As explained by the Work Committee Chairman, a detailed basic principle saying that any proposal for constitutional amendment should be in the form of a Bill and that no other proposals should be included in it, should be adopted.

Mr Chairman,

The future Constitution will have the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw. There should be a prescription to initiate the Bill. The countries with two parliaments have precise prescriptions to initiate the Bill. The 1947 Constitution stated, “Such Bill may be initiated in either Chamber of Parliament.” And the 1974 Constitution stated, “Members of the Pyithu Hluttaw may submit to the Pyithu Hluttaw motions for amending this Constitution.” 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. As explained by the Work Committee Chairman, such Bill to amend the Constitution may be initiated in the Pyidaungsu Hluttaw.

Mr Chairman,

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. As regards the matter, 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 new Constitution, the Bill can be submitted only to the Pyidaungsu Hluttaw. Hence, there should be a prescription stating the number of MPs needed to ask an amendment. The Pyidaungsu Hluttaw will have 664 members — 440 from Pyithu Hluttaw and 224 from Amyotha Hluttaw. The Amyotha Hluttaw will be formed with 16 members each from all Regions and States. Regions and States may submit an amendment in accord with the local situation or time. The Pyidaungsu Hluttaw should consider discussing the Bill only if 20 per cent of all the members of the Pyidaungsu Hluttaw submit it.

In this regard, the following detailed basic principle should be adopted.

“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.”

Mr Chairman,

Now, the specific methods to amend the specific provisions of the Constitution will be discussed. In the Constitutions of some nations, it is prescribed that the main provisions can be amended after seeking the public approval at a nation-wide referendum, and that some provisions can be amended only with the approval of the members of the Chamber concerned. In other nations, some provisions can be amended with the proportionate ratio of the votes of all the MPs.

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

Mr Chairman,

At present, the situation is not ripe yet to state the amendment of the provisions chapter by chapter and article by article as the National Convention is only at the stage of adopting detailed basic principles in accord with its motto — to lay down and adopt basic principles. It is opined that only at the stage of drafting Constitution, the methods to be followed in making amendments of the respective chapters and articles should be prescribed in detail, so the Constitution will be clearer and easier to understand. At present, specific methods for specific chapters should be designated based on the chapters that have been adopted.

The Work Committee Chairman has explained the following point.

“(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.”

Seventy-five per cent of all the members of the Pyidaungsu Hluttaw means three fourths of all the MPs. It will be more appropriate and in accord with the era, if the number for MPs needed for the purpose is fixed at less than two thirds of all the members of the Pyidaungsu Hluttaw.

But when we studied from the general point of view, we have found that the point explained by the Work Committee Chairman is suitable for the matter. Hence, the detailed basic principles explained by the Work Committee Chairman should be adopted.

Mr Chairman,

We would like to suggest that the following four detailed basic principles should be adopted.

1. 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.

2. Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw.

3. 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.

4. (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 the Constitution is drafted.

State Flag, State Seal, National Anthem and the Capital

Mr Chairman,

Suggestions will be presented on the detailed basic principles to be adopted for the Chapter “State Flag, State Seal, National Anthem and the Capital” to be included in formulating the Constitution.

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.

First, I will present suggestions on the State Flag. Usually, provisions concerning the State Flag focus on the means to stipulate and design it. The stipulations on the State Flag mostly depend on history of a nation. As regards the State Flag, the section 215 of the 1947 Constitution prescribed, “The National Flag shall be rectangular in shape and red in colour with a canton of dark blue. In the canton shall be a five-pointed large white star with five smaller stars between the points. One of the five points of each star, large or small, shall direct upwards. The dimensions of the Flag shall be nine feet by five feet, and the canton shall be four feet by two and a half feet. The size of the large star shall be such that a circle drawn through the five points shall have a diameter of 18 inches and the smaller stars nine inches. National Flag of other sizes shall conform as nearly as possible to the above proportions.”

The Article 190 of the 1974 Constitution prescribed, “The State Flag shall be as shown below” together with the picture of the State Flag. The colours used according to both the 1947 Constitution and the 1974 Constitution were red, white and blue. We have constantly believed that red stands for courage, decisiveness, perseverance and solidarity; blue stands for peace, serenity and stability in addition to profoundness and the dawn; and white stands for purity, sincerity, straightforwardness, correctness and firmness. We have accepted the definitions of those colours constantly since we regained independence. Although the symbols of the Flag were changed in accord with the era, colours have never been changed. The nation has used present colours of the Flag for over half a century, and all the people of Myanmar, old or young, are familiar with the said colours. In our view, despite the changes in time, era and provisions of the Constitution, the said familiar colours should not be changed. Making of changes in accord with the time and situation should be based on the origin. We assume that it will be more appropriate if subtraction and additions are made based on the original Flag.

Mr Chairman,

We would like to suggest to choose red, dark blue and white, which are the original colours of the current Flag, for the future State Flag. The size and shape of the new State Flag should be the same as the present one. The New Flag should have a canton of dark blue. The picture of pinion and rice plants should be omitted, and the 14 stars whose sizes are of the same should be a in a circular position as they are portrayed in the present Flag. According to the adopted fundamental principles, the future Union of Myanmar will have 14 Regions and States that are enjoying equal rights and status. The 14 stars should be used to represent the 14 Regions and States and the national unity.

Here, we would like to suggest to state the para 1 “The size, shape and colours of the State Flag shall remain the same. In the canton of dark blue shall be the 14 stars of the same size as they are portrayed in the previous State Flag. The 14 stars shall be directing upwards.” instead of

“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.”

So, in our view, the para 1 should be stated as follows:

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

“The size, shape and colours of the State Flag shall remain the same. In the canton of dark blue shall be the 14 stars of the same size as they are portrayed in the previous State Flag. The 14 stars shall be directing upwards.”

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

Now, I will present my suggestions concerning the State Seal. The National Convention has already 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)”. The national races have been living in the Union of Myanmar in weal or woe and in love and unity. They took part in the anti-colonialist and national liberation struggles with unyielding spirit, patriotism, unity, sacrificing spirit and valour till the independence was regained. In accord with the new Constitution, the nation will practise genuine multiparty democracy system. For the success of the system, there should be coordination, mutual respect and bilateral connections between all levels of administrative organizations. Moreover, the lower level bodies should obey the orders of their superior organizations while the upper level bodies should pay attention to the submissions of the subordinate organizations. There should be harmony between the upper and lower levels. If not, the system may not achieve success. Similarly, democracy will not flourish. As long as there is corrupt-free coordination and unity among the people and between the administrator and the people, the nation will enjoy the fruits of justice, freedom and equality. To highlight the fact that unity leads to prosperity and strength, the State Seal should include the map of the Union of Myanmar and the words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw”. The white star symbolizing the anti-colonialist and anti-fascist struggles should also be included in it. Moreover, it 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.

Hence, the following detailed basic principle should be adopted with the picture of the State Seal under it.

“The State Seal shall be as shown below.”

Mr Chairman,

Now, I will give suggestions on the National Anthem. The present National Anthem which has been used for many years is in accord with the adopted fundamental principles of the National Convention. It is appropriate to use the present song as the National Anthem. The song was composed with the word “Bamar”. The then Secretary of the State Council General San Yu presented a proposal at the fifth meeting of the first Pyithu Hluttaw held in March 1976 to substitute the word ‘Bamar’ with the word ‘Myanmar’. The proposal called for the formation of a commission if the country would continue to use the National Anthem or substitute with it a new song.

Seven Pyithu Hluttaw members discussed the proposal, saying that the composing of the National Anthem was based of the song “Doh Bamar” used throughout the national liberation struggle; that the words and verses of the song were in accord with the era and system; that the song depicted the Union Spirit, the task of safeguarding independence and sovereignty and national development; that the song was totally familiar with the entire people young or old; and that instead of composing a new National Anthem, the word “Bamar” of the present song should be substituted with the word “Myanmar”. When the approval of the Pyithu Hluttaw members was sought, the MPs suggested to use the original song and to substitute the word “Bamar” with the word “Myanmar”.

The State Law and Order Restoration Council on 18 June 1989 issued the Order No 2/89 which said that the word “Bamar” included in the National Anthem of the Union of Myanmar was like representing only the Bamar people; that actually the National Anthem stood for all the national races of the Union; and that the word “Bamar” should be substituted with the word “Myanmar” representing all the national races. But some are still singing the song casually with the word “Bamar”. Notifications and orders should be issued in the future to remind the people to use the word “Myanmar” in accord with its essence instead of the word “Bamar”.

The following detailed basic principle should be adopted.

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

Mr Chairman,

I will now discuss the detailed basic principle concerning the designation of 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. At the plenary session of the National Convention held on 10 November 2006, the Work Committee Chairman said, “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. Hence, discussions are to be held and suggestions to be made whether the detailed basic principle “The capital of the State is Nay Pyi Taw.” should be laid down or not.

Mr Chairman,

I would like to discuss the point that is not clear for us. At the plenary session of the National Convention, held on 18 January 1994, the Work Committee Chairman explained the detailed basic principles for the chapters “the State”, “the State Structure” and “the Head of State”, saying, “Fundamental principles have already been laid down to form the nation with seven Regions and seven States. Hence, if the nation’s Capital is designated as a separately-governed Union Territory, the matter should be included in the fundamental principles of the chapter “State Structure”. The designation of the Capital should be discussed only at the chapter on State Flag, State Seal, National Anthem and the Capital. However, it should be discussed at the chapter “State Structure, because of the said matter. In accord with the international practice, the city that is the seat of the government is designated as the Capital. In some countries the Capital is directly administered by the President or the Central Government. If Yangon, the seat of the government, is designated as Myanmar’s Capital, Yangon should be designated as Union Territory under the direct administration of the President instead of designating as a city under the administration of Yangon Region. The delegates should give suggestions whether a fundamental principle concerning the matter should be laid down or not.” The delegates gave suggestions in connection with the Work Committee Chairman’s explanation.

At the plenary session of the National Convention, held on 1 September 1994, detailed basic principles for the chapter “the State Structure” were laid down. Included in the detailed basic principles is the subpara (a) of the para 11, which states, “Yangon city, the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.” As regards the administration of Yangon city, which is a Union territory, the para 35 comprising 11 detailed basic principles and the para 36 in connection with the prescription of status of the chairman and members of Yangon City Council” have been laid down for the chapter “Formation of Executive”.

Mr Chairman,

As Yangon was designated as the Capital in accord with the said fundamental principles and detailed basic principles, there may be two Capitals in the nation, if Nay Pyi Taw is designated as the new Capital without abolishing the status of Yangon. At present, Nay Pyi Taw is included in Mandalay Division, and no detailed basic principle concerning Nay Pyi Taw has been laid down yet.

We are confused as to when and how a Union territory under the direct administration of the President concerning Nay Pyi Taw, its boundary and its administration will be designated. We are unable to know whether they will be designated at the on-going National Convention or when the bodies emerge under new constitution.

We are not clear yet which city will be the capital of Yangon Region, if Yangon remains as a Union territory.

The laying down of the fundamental principle to designate Yangon as the Capital and Union territory was based on the executive.

Concerning the designation of Union territories, the subpara (c) of the para 11 says, “If the need arises to designate areas that have special situation in connection with national security, administration and economic etc. as Union territories they may be so designated as Union territories after enacting laws”. It is not proper to designate Yangon, that is no longer the nation’s Capital, as a significant area without holding formal discussions on the matter at the National Convention. We assume that Yangon should be designated as a Union territory after enacting laws. We would like to suggest that the matter concerning the designation of Nay Pyi Taw as the Capital should be explained at the National Convention for all the delegates to know about it clearly.

Mr Chairman,

It is appropriate to designate Nay Pyi Taw in accord with the time and situation as the Capital as it is the region located in the central part of the country to further enhance national unity and facilitate transport with all the states and divisions. And all the government institutions are carrying out their normal functions at their head offices set up in Nay Pyi Taw.

In this regard, the following detailed basic principle should be adopted.

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

Transitory Provisions

I am U Aung Thein of Ywangan Township Constituency in Shan State (South). May all of you Mr Chairman and the National Convention delegates be free from dangers and blessed with happiness.

Mr Chairman,

Suggestions will be made on the points that should be adopted as detailed basic principles 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 does not come into force is somewhat different from that after the Constitution comes into force. It is, indeed, transition from one system to another. In the process, there follow changes in the major pillars—legislation, execution and jurisdiction—and economic and social infrastructures during the transitional period. It is required to prescribe transitory provisions in the State Constitution to ensure continuous exercise of State sovereign powers as well as charter, duties and responsibilities to be carried out during the transitional period.

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.

Section 234 of the 1947 Constitution says, “This Constitution shall come into operation on such date as the Provisional President may announce by proclamation not being later than the eighth day of Kason waxing, 1310 BE (fifteenth day of April, 1948 AD)”.

And Article 195 of the 1974 Constitution 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”.

Hence, the following detailed basic principle should be adopted.

“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.”

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 until after Hluttaw members have been elected. The three sovereign powers of the State — legislative, executive and judicial powers — can be exercised continuously only if the State Peace and Development Council exercises the three sovereign powers during the transitional period between the adoption of the State Constitution and coming into being, of the Hluttaws and then hands them over.

As regards the matter, the following detailed basic principle should be adopted.

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 Constitution.

Mr Chairman,

After the adoption of the Constitution, Hluttaw members will be elected in accord with the State Constitution. In the process, the State Peace and Development Council will have to take necessary steps in accord with the State Constitution. In other words, it is the duty of the State Peace and Development Council. So, power should be vested in the State Peace and Development Council to carry out legislative functions on behalf of the Pyidaungsu Hluttaw heretofore the Pyidaungsu Hluttaw comes into existence. The work done by the State Peace and Development Council to bring the Constitution into force should be deemed to have been carried out in accord with the Constitution.

Concerning the matter, the following detailed basic principle should be adopted.

“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.”

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.

In connection with the matter, the following detailed basic principle should be adopted.

“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”.

Mr Chairman,

Before a new Constitution comes into operation, the existing laws continuously 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.

Concerning the matter, the following detailed basic principle should be adopted.

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

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.

Therefore, regarding the existing rules, regulations, bye-laws, notifications, orders, directives and procedures to remain in force, the following detailed basic principle should be adopted.

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

Mr Chairman,

After a Constitution comes into force, it is needed to take steps such as judicial formation or establishment of courts at different levels, and devolving of jurisdiction and powers to courts at all levels in accord with the Constitution. As it has been explained, such matters cannot be completed on the date on which the Constitution comes into operation. So, jurisdiction should devolve upon all courts existing on the date of the coming into operation of the Constitution until new courts have been established by the law in accord with the Constitution to ensure continuous exercise of jurisdiction during the transitional period.

As regards, the matter, the following detailed basic principle should be adopted.

“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.”

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.

Section 229 of the 1947 Constitution prescribes, “All persons who were in the service of the Government of Burma immediately before the coming into operation of this Constitution shall continue in service until the Union Government provide otherwise”

And paragraphs (g) and (h) of Article 202 of the 1974 Constitution prescribe:

“(g) The Bodies of Public Services shall perform their duties in the spirit of this Constitution.

“(h) All functioning organs and all public servants and workers serving under the Revolutionary Council of the Union of Burma on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Council of State”.

Therefore, regarding State service personnel, we are in favour of adopting the following 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 in their functions unless otherwise prescribed by the Government of the Union of Myanmar”

Mr Chairman,

I would also like to make a suggestion about the Chapter “Transitory Provisions”. The purpose of convening the National Convention is to promulgate the basic principles for the State constitution. The basic principles and detailed basic principles are being adopted through broad discussions of the representatives of respective delegate groups hold at the National Convention to ensure perpetual existence of the nation and well-being of the people and to strengthen national solidarity. In this regard, their discussions focus on further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality. So, we delegates give priority to ensuring the State constitution, State’s legislative system and judicial system that will be in conformity with the noblest and worthiest of worldly values.

The National Convention is going to be over in the near future. The people are looking forward to seeing the successful completion of the National Convention as well as the State Constitution and the modern and developed nation that will emerge under the State Constitution. So, not only we delegates but also the people are duty-bound to serve the interests of the nation and the people. As you know, the people no longer accepted the weak points of the 1947 constitution and the provisions of the 1974 constitution, and consequently that had adverse effect on the stability of the State and national unity. Now, the national duty we delegates are discharging is to complete the National Convention.

Mr Chairman,

In the past, Myanmar saw strenuous efforts to raise the politics in the political sector. For example, Ne Thurein Conference and Panglong Conference went down in the annals of the nation’s history for their contributions towards the drive for national reconsolidation. I am sure the ongoing National Convention is better than those conferences in essence in all aspects. The National Convention was launched on 9 January 1993 and it went on till 1996. However, it had to be adjourned temporarily due to certain reasons. And it was reconvened in 2004. Before long, the National Convention will be able to complete the adoption of all the basic principles and detailed basic principles for the State Constitution. In my opinion, the National Convention is just and fundamental step for the framing of the State Constitution.

Mr Chairman,

In the seven-step Road Map, the second step says “After the successful holding of the National Convention, step-by-step implementation of the process necessary for the emergence of a genuine and discipline-flourishing democratic system”, the third step, “Drafting of a new Constitution in accord with basic principles and detailed basic principles laid down by the National Convention” and the fourth step, “Adoption of the Constitution through a national referendum”. 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. Section 234 of the 1947 Constitution says, “This Constitution shall come into operation on such date as the Provisional President may announce by proclamation not being later than the eighth day of Kason waxing, 1310 BE (fifteenth day of April, 1948 AD)”.

Now, I would like to hold discussions about the 1974 constitution. A 97-member commission for drafting the State constitution was formed on 15 September 1971. And the following day, the commission asked the people for their advice and suggestions for the drive. After the State constitution was drafted, the commission members made field trips to various parts of the nation from late April to June in 1972. They conducted a poll on the draft from October to December the same year. Based on the stance of the public, the members upgraded to draft the State constitution for the second time and explained it to the people in April 1973. They sought the public stance on the second draft from 11 to 25 June the same year. In accordance with the stance of the people, they drafted it for the third time, and then submitted the third draft to the second conference of the Myanma Socialist Programme Party held from 23 to 25 July 1973 for approval. Then, the officials gave talks about the approved State constitution (draft) beginning from 29 October 1973. The referendum for the 1974 State Constitution was held from 15 to 31 December 1973. Of more than 14 million (14,760,036) voters, more than 13 million (1,331,200) voters or 90.19 percent cast assenting votes.

Mr Chairman,

In order to complete the drawing of the State Constitution, the National Convention has adopted the basic principles and detailed basic principles that reflect the policies and stances, which are necessary foundations for building a new nation. We have to complete the State Constitution with these basic principles and detailed basic principles. The aspiration of the people will come true if the fourth step of the Road Map—Adoption of the Constitution through a national referendum— is realized within one year after the completion of the National Convention. Personally, I suggest that the officials take necessary measures to hold a referendum within one year after the completion of the National Convention.

Mr Chairman,

I would also like to make a suggestion about the fifth step of the Road Map—Holding of free and fair elections for Hluttaws (Legislative bodies) according to the new Constitution. Section 233 of the 1947 constitution says “The first general elections under this Constitution shall be held within eighteen months from the date of the coming into operation of this Constitution”.

Regarding the 1974 constitution, the 1974 constitution was declared on 3 January 1974, the first elections were held under the 1974 constitution from 27 January to 10 February 1974. In addition, the first session of the Pyithu Hluttaw was held in Yangon at 11 am on 2 March 1974.

So, I would like to make a suggestion that officials concerned should make preparations for implementation of the fifth step in a suitable occasion through a referendum for speedy building of a modern and developed nation.

General Provisions

I am representative-elect U Tun Kyaw of Namhsan Township Constituency in Shan State (North). Mr Chairman and members of the panel of chairmen, officials and National Convention delegates, may you be blessed with physical and mental well-being.

Mr Chairman,

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.

So, I suggest that the point “This State Constitution is the basic law of the laws of the State” should be adopted as a detailed basic principle.

Mr Chairman,

The State fundamental principles are the guidelines to be followed in enacting laws. These fundamental principles were laid down through views in various aspects to be in conformity with the nation’s geographical features, history and prevailing conditions and to ensure greater development and political stability. The legislative bodies are to follow the State fundamental principles as guidelines in enacting laws and defining the State constitution and other laws. Therefore the point “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” has been adopted as a detailed basic principle.

Mr Chairman,

I would also like to present my views regarding the designating of Myanmar language as the official language. Myanmar language is widely used everywhere in the country. It should be used as the official language to ensure equality and smooth relations, so there has been adopted a detailed basic principle “Myanmar language is the official language”. It is appropriate. However, Myanmar is a multicultural country. Throughout the history of the nation from the colonial days to date, all the national races have been living in amity and unity through thick and thin. In presenting ideas in Myanmar, the expressions should be simple and comprehensive in order to enhance national solidarity and equality of all the national races. So, the points—

“1. Myanmar language is the official language.

2. The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.” should be adopted as a detailed basic principle.

Mr Chairman,

Only the Constitution written in Myanmar language will be adopted and promulgated. Afterwards, the Constitution may be translated into English and other languages as necessary. Although the Constitution may be translated into various languages, only the Constitution written in Myanmar language will be adopted and promulgated. Hence, if there arises a matter to interpret a provision it will be based on Myanmar text. Therefore, the point:

“Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on Myanmar text” should be adopted as a detailed basic principle.

Mr Chairman,

In exercising the State constitution, there might be a situation that calls for defining an expression specifically. Unless an expression in a law of the State constitution is defined specifically, the Expressions Law should be referred. So, regarding defining an expression in a law of the State constitution, the point “Interpretation of the expressions of this Constitution should be referred to the existing Interpretation of Expressions Law” should be adopted as a detailed basic principle.

Mr Chairman,

The Constitution of a nation is a milestone of that nation. Every country promulgates its Constitution in conformity with its own prevailing economic and social conditions. Hence, the Constitution is worthy of recording as a historic landmark. Hence, the manuscript of the Constitution should be kept safely for a long time. The country has the National Records and Archives Law. In accord with the law, the Myanmar manuscript of the Constitution, that will be adopted and promulgated through a referendum, should be enrolled for record in the National Archives.

Therefore, the point “A Myanmar manuscript of this Constitution shall be enrolled for record in the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution.”

should be adopted as a detailed basic principle.

Mr Chairman,

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. Therefore, the point—

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

(a) Region or State government,

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

should be adopted as a detailed basic principle.

Mr Chairman,

There have been many treaties and agreements the Government of the Union of Myanmar ratified after regaining independence with the governments of other countries. Also in the time of the State Peace and Development Council, the government has ratified treaties and agreements with the governments of many other countries including ASEAN nations. In this regard, the Union of Myanmar will have to honour the legitimate obligations arising out of any treaties or agreements which have been in force before the coming into force of this Constitution between the Government of Myanmar and the Government of any other State provided that these countries honour any reciprocal obligations towards the Union of Myanmar.

Therefore, the point:

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

should be adopted as a detailed basic principle.

Mr Chairman,

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

Likewise, the Union of Republic of Myanmar 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 Union of Republic of Myanmar.

Therefore, the point:

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

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

should be laid down as a detailed basic principle.

Mr Chairman

Some of the detailed basic principles the National Convention has adopted concern general provisions. These principles prescribe tasks to form a Constitutional Tribunal and its duties such as 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 hear and make decisions 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, and to perform other duties prescribed in the State Constitution.

Mr Chairman,

The functions of the Constitutional Tribunal are 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, he should be knowledgeable about political, administrative, economic and security affairs. And such kind of person should be the one who is loyal to the State and the people because he 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. Therefore, the points from No 10 to No 26 the Work Committee chairman explained at the NC plenary session held on 13 November 2006 in addition to the points on—

1. forming a Constitutional Tribunal, appointment of its members, designation of qualifications of the members,

2. term of the Constitutional Tribunal,

3. appointment of a member to the Constitutional Tribunal,

4. impeaching of a member of the Constitutional Tribunal,

5. functions of the Constitutional Tribunal,

6. making decisions on a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court,

7. interpreting the provisions of the State Constitution, and

8. designating the role of the chairman or a member of the Constitutional Tribunal,

should be adopted as detailed basic principles.

Mr Chairman,

I would also like to make a suggestion about a constitutional index. An index should be stated in the booklet of the State constitution in order that when need arises to refer sub-paras, paras and pages, the facts can be looked up in the booklet in a short time. The constitutions of some countries feature an index, but those of most countries do not feature an index. The former countries state an index in the end of the booklet of the State constitution. So, I would like to suggest that after the booklet of the State constitution should feature a constitution index.

Mr Chairman,

I have learnt that in order to achieve success in working in a systematic and smooth way, there need some methods such as implementation of tasks in accordance with policy guidelines, reviewing the weak points in doing so, assessing the reviews, evaluating the assessments, and laying down better policy guidelines based on the findings. This aphorism is reasonable and useful at any times. In pursuing policy guidelines, it is required to regularly fund out weak points and strong points. It is also needed to assess the reviews to know as to whether achievement is made or not. Only then, will it be possible to know whether the assessments are effective. And it is required to constantly review the weak points and causes and effects of the remedies to lay down better plans and new guidelines. Now, most nations are practising such methods. So, in building a modern and developed nation in accordance with the upcoming State constitution, emphasis should be placed on reviewing, assessing the reviews, remedying and evaluating.

Mr Chairman,

The basic principles and detailed basic principles the National Convention have made it clear that the State constitution is complete with the basic principles about national solidarity, basic principles to ensure non-disintegration of the Union, basic principles on prudent political, economic and social policies, basic principles to form administrative bodies and governmental organizations at different levels that can serve the interests of the people, democratic principles, basic principles on fundamental rights and duties of the citizens, basic principles to shape a brighter future of the women and the youth, and basic principles that can guarantee achievement in building a modern and developed nation with the cooperation of the entire people.

However, the adoption of such fine basic principles is not enough. They must be the ones that can help serve the interests of the people in practice. In the process, it depends much on correct practice of the State constitution by the persons concerned. Such persons should understand and put in the fore the life, feelings and desires of the people. It will be far from the achievement of building a modern and developed nation if some misuse the provisions of the State constitution in the interests of their own, their parties, organizations, the circle of their relatives and friends, and races; practice pernicious system characterized by man by man with the use of law; and misuse the provisions defining them as they wish. Therefore, both governing bodies and the people are to work in an effective way without giving priority to the interests of their own and their families. If so, surely, there will be soon the modern and developed nation aspired by the entire people.

Mr Chairman and NC delegates,

Now, those responsible for the National Convention and NC delegates have made friends each other. I wish that thpe delegates will arrive home safe and sound and are blessed with happiness. I have to express my sincere thanks to those from the group offices who helped us submit our proposal, officials from the reception committee, staff of the mess, and other officials. That is all for our proposal.