The Constitution is the basic law of laws of the State

Yangon, 2 Jan - The following is a translation of proposals on laying down detailed basic principles for chapter �General Provisions� to be included in drafting the State Constitution presented by the Delegate Group of State Service Personnel at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 29-12-2006.

General Provisions

Mr Chairman and National Convention delegates,

I am U Than Tun of the delegate group of State service personnel of Attorney-General's Office. I will present the chapter General Provisions.

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 1974 Constitution of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of laws of the State. Hence, the following detailed basic principle should be adopted.

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

Mr Chairman,

Fundamental principles to be included in formulating the Constitution have already been laid down by the plenary session of the National Convention on 16 September 1993. The 1947 Constitution as well as the 1947 Constitution prescribed Myanmar as the official language. Myanmar language is widely used in various parts of the nation.

The fundamental principle has been laid down with the purpose of ensuring uniformity and clarity in communications between the people and the government institutions, and among the government institutions, without any controversy.

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

(2) Myanmar language is the official language.

Mr Chairman,

The 1974 Constitution of Myanmar and constitutions of world nations prescribe that 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.

(3) Hence, the detailed basic principle 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.

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.

The 1974 Constitution has a similar provision.

We are in support of adopting the following detailed basic principle.

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

Mr Chairman,

After adopting and promulgating the Constitution, there may be a need to interpret the exact meaning of an expression in practically implementing the Constitution.

The sub-section 3, section 222 of the 1947 Constitution prescribed, Save where a contrary intention appears, the provisions of the Burma General Clauses Act shall extend to the interpretation and application of this Constitution.

The Clause (a) of Article 200 of the 1974 Constitution also prescribed, In interpreting the expressions contained in this Constitution, reference shall be made to the Interpretation Law promulgated by the Revolutionary Council of the Union of Burma.

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

(5) Interpretation of the expressions of this Constitution shall be referred to the existing Interpretation of Expressions Law.

Mr Chairman,

Archives and records are kept safely for long-term existence. Likewise, the Myanmar manuscript of the Constitution, that has been adopted and promulgated through a referendum, should be enrolled for record in the National Archives. The following detailed basic principle should be adopted.

(6) 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.

Mr Chairman,

Concerning the national economic the following fundamental principle has been laid down.

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.

We would like to discuss that the following detailed basic principle should be adopted.

(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.

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 commencement 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. It is found that the 1947 Constitution of our country and the State constitutions of many other countries carry similar provisions.

Therefore, the following detailed basic principle should be adopted.

(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.

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. The 1947 Constitution of our country and the State constitutions of some countries prescribe similar provisions.

As regards the matter, we are in favour of adopting the following detailed basic principle.

(9) (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.

Mr Chairman,

Some fundamental principles the National Convention has adopted include matters on formation of the Constitutional Tribunal and functions of the Constitutional Tribunal. Concerning the Constitutional Tribunal, the following detailed basic principles should be adopted.

(10) The Constitutional Tribunal shall consist of nine members including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each who meet the following requirements from among Hluttaw members or non-Hluttaw members:

(a) person who has attained the age of 50 years;

(b) person who possesses qualifications set for a Pyithu Hluttaw, except restriction on age,

(c) person who possesses qualifications set for the Union Chief Justice and a Union Supreme Court Judge except restriction on age,

(d) person who has political, administrative, economic and security outlooks.

(e) person who is loyal to the State and the people.

11. The list of three members each nominated by the President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw, and a member nominated for chairmanship of Constitutional Tribunal among the nine members shall be submitted to the Pyidaungsu Hluttaw for its approval.

12. The Pyidaungsu Hluttaw shall have no right to reject the persons nominated for members of the Constitutional Tribunal by the President unless it can prove the members disqualified.

13. The President may, in accord with the provisions of the State Constitution, have the right to nominate new members for the seats of Constitutional Tribunal that are still vacant due to failure to obtain agreement of the Pyidaungsu Hluttaw.

14. The President shall appoint the chairman and members of Constitutional Tribunal approved by the Pyidaungsu Hluttaw.

Mr Chairman,

Now, explanation will be made on the term of the Constitutional Tribunal. A detailed basic principle has been adopted that the term of the Pyidaungsu Hluttaw shall be five years. The term of the Constitutional Tribunal should be the same as that of the Pyidaungsu Hluttaw. On expiry of its term, however, it should continue to carry out its functions till the President forms a new Constitutional Tribunal.

Mr Chairman,

Regarding the Constitutional Tribunal, the following point should be adopted as a detailed basic principle.

(15)The term of the Constitutional Tribunal is five years, the same as that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal, on expiry of its term, shall continue to carry out its functions till the President forms a new Constitutional Tribunal under this Constitution.

Mr Chairman,

In connection with the appointment of a member to the Constitutional Tribunal, the following points should be adopted as detailed basic principles.

(16) A member of the Constitutional Tribunal:

(a) shall be deemed to have resigned from the Hluttaw concerned on the date of being appointed if he is a member of any Hluttaw.

(b) shall be deemed to have resigned from civil service in accord with civil service rules and regulations on the date of being appointed if he is a government employee.

(c) shall have no right to participate in activities of the political party concerned during tenure of membership starting from the date of being appointed if he is a member of a political party.

(17) A member of the Constitutional Tribunal may have the right to submit his resignation to the President if he wishes to resign before expiry of his tenure for a certain a reason.

(18) The President may appoint a new member in accord with the provisions of this Constitution if there is a vacancy in membership in the Constitutional Tribunal for a certain reason.

Mr Chairman,

A member of the Constitutional Tribunal should possess such qualifications as loyalty to the State, adherence to the provisions of the Constitution, and good characters. If he fails to honour these requirements or violates any of these rules, he should be blamed or impeached under the provisions prescribed in this Constitution. As regards the matter, the following detailed basic principle should be adopted.

(19) (i) A member of the Constitutional Tribunal can be blamed or impeached under any of the following reasons:

(a) treason,

(b) violation of any of the provisions of the Constitution,

(c) misbehaviour,

(d) incapability of discharging duties prescribed in the State Constitution for a member of the Constitutional Tribunal.

(e) being unable to perform the duties assigned to him efficiently;

(ii) If need arises to blame or impeach a member of the Constitutional Tribunal, it shall do so under the provisions prescribed in this Constitution set to blame or impeach the Union Chief-Justice or a Union Supreme Court Judge.

Mr Chairman,

The detailed basic principles on the Constitutional Tribunal have been laid down.

Thus, regarding functions of the Constitutional Tribunal, the following detailed basic principle should be adopted.

(20) The functions of the Constitutional Tribunal are as follows:

(a). to interpret provisions of the State Constitution;

(b). 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;

(c). to scrutinize functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution;

(d). 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;

(e). to decide on disputes in connection with the rights and responsibilities of the Pyidaungsu and Regions; or States or Self-Administered Areas in implementing Union law by Regions, States or Self-Administered Areas;

(f). to scrutinize and decide on matters relating to Union territories informed by the President,

(g). functions entrusted by laws prescribed by the Pyidaungsu Hluttaw.

Mr Chairman,

The courts have to hear criminal cases and civil law cases in accord with the existing laws. As regards a dispute as to whether the provision of a law is in conformity with the Constitution in a case being heard by a court, the following detailed basic principles should be adopted.

21. If there is a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court, and the Constitutional Tribunal has not made any decision regarding the case, the court shall suspend its hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. The decision of the Constitutional Tribunal regarding the dispute shall apply all the cases.

22. The decision of the Constitutional Tribunal shall be final.

Mr Chairman,

The Constitutional Tribunal is responsible for interpreting the provisions of the State Constitution. In connection with the matter, the following detailed basic principles should be adopted.

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

(23) The following persons shall have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and stance:

(a) President;

(b) Speaker of the Pyidaungsu Hluttaw;

(c) Speaker of the Pyithu Hluttaw,

(d) Speaker of the Amyotha Hluttaw,

(e) Union Chief-Justice;

(f) Chairman of Union Election Commission;

(24). The following persons or bodies shall have the right to submit a case to the Constitutional Tribunal in accord with the procedures for its interpretation, decision and stance:

(a) Region or State Chief Minister;

(b) Speaker of the Region or State Hluttaw,

(c) Chairman of Leading Body of Self-Administered Areas.

Mr Chairman,

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.

Hence, concerning the designation of the chairman and members of the Constitutional Tribunal to prescribe necessary law for the Constitutional Tribunal, the following detailed basic principle should be adopted.

(25). Formation and relations of the Constitutional Tribunal, and duties, rights and privileges of the chairman and members of the Constitutional Tribunal shall be prescribed by law.

(26). The role of the chairman of the Constitutional Tribunal is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference in prescribing by law regarding the duties, rights and privileges of the chairman and members of the Constitutional Tribunal.

Mr Chairman and National Convention delegates,

The clarification made by the Work Committee Chairman at the plenary session of the National Convention held from 10 to 13 November concerning the facts of the chapter General Provisions are realistic, suitable and comprehensive. We have no separate suggestions concerning the chapter. We are in support of adopting the 26 detailed basic principles of the chapter as explained by the Work Committee Chairman.

Mr Chairman,

We the delegate group of State service personnel have presented suggestions on the chapters Amendment of the Constitution, State Flag, State Seal, National Anthem, the Capital, Transitory Provisions and General Provisions that will serve the interest of the nation and the people after holding discussions on the chapters in detail. The panel of chairmen after studying them sought the approval of the National Convention delegates. With this I conclude the collective proposal of the delegate group of State service personnel.

Existing rules, regulations, bye-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

Yangon, 2 Jan - The following is a translation of proposals on laying down detailed basic principles for chapter General Provisions to be included in drafting the State Constitution presented by the Delegate Group of Other Invited Persons at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 29-12-2006.

Mr Chairman and members of the panel of chairmen,

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 National Convention delegates health and happiness.

I am U Lwe Zi Kyaw Kyaw, a National Convention delegate of the delegate group of other invited persons of KNPP (Hoya).

I will present the proposal paper on behalf of the 89 members of the group.

Thanks to the suggestions, coordination and consultations of the delegates, of the 15 Chapter Headings laid down by the National Convention, eight have been adopted.

The delegate groups presented suggestion in connection with the three chapters at the plenary session of the National Convention held from 27 November 2006 to 7 December 2006.

The delegate groups have been presenting suggestions on the last four chapters beginning 21 December this year. Today, we of the delegate group of other invited persons will present our proposal paper.

The group held a meeting on 23 November 2006 and assigned a 25-member group the duty to compile a proposal paper.

After holding meetings for four times, the 25-member group compiled a proposal paper comprising proper and standard suggestions.

As for the 24 national races groups of the special regions included in our group of other invited persons, they assume that they have reached the ultimate success of their cooperation with the Tatmadaw. The future journey of the nation is straight and pleasant and it is full of peace, stability, development and cooperation.

The 15 persons who are invited individually feel great pleasure as they are able to render effective assistance to the group.

Mr Chairman,

I will now discuss the chapter Amendment of the Constitution explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 November 2006.

There may arise a need to amend the Constitution after its promulgation. Necessary detailed basic principles should be adopted after studying the constitutions of some world nations and the 1947 Constitution and the 1974 Constitution of Myanmar.

If there arises a matter to amend the Constitution, the method of amendment should be designated. The method is that every proposal for an amendment should be in the form of a Bill, and that the Bill should contain no other proposals.

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

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.

Mr Chairman,

The proposal to amend the Constitution shall be submitted in the form of a Bill. There should be a prescription mentioning the Hluttaw where the bill must be initiated.

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.

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

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

Mr Chairman,

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. 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. Hence, 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,

However good and comprehensive a constitution is, there may be constitutional amendments because of the advancing time and situation. Arrangements should be made in advance for the constitutional amendments. Necessary prescriptions should be stipulated in the Constitution. The prescription of the percentages of MPs needed in amending a specific article and a specific clause will prevent the authorities from making amendments at will and unnecessary amendments.

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

(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, the Capital

Mr Chairman,

I will now give suggestions on the chapter State Flag, State Seal, National Anthem, the Capital explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 November 2006.

His explanations include the procedures and rules in connection with the State Flag and punishments for offences are prescribed in the separate law.

The stipulation of the State Flag mostly depend on history of a nation.

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 and decisiveness, white for purity and blue for peace, tranquillity and stability.

The Union of Myanmar has been striving to develop her economy, with agriculture as the base. As Myanmar is an agro-based nation, the colour green that stands for peace and tranquillity and lush and verdant environment should be used. Moreover, red, which means valour and decisiveness, should also be portrayed. 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.

The three-colour flag comprising green, yellow and red stripes in a proportionate ratio is not unfamiliar with Myanmar. The colours were used by the organizations and the Tatmadaw that took part in the independence struggle.

The Burma Independence Army BIA used four flags during the time from 27-12-1941 to 26-4-1942 and the third and fourth ones were three-colour flags comprising green, yellow and red stripes in a proportionate ratio and a picture of peacock in a circle marked in the centre of the flags.

The Burma Defence Amy BDA used two flags during the period from 27-4-1942 to 26-3-1945 and one of them was a three-colour flag comprising green, yellow and red stripes in a proportionate ratio and a picture of peacock in a circle marked in the centre of the flag. The flag was used till the start of the Anti-Fascist Resistance on 27 March 1945.

The colour of the flag used by Patriotic Burmese Forces during the Anti-Fascist Resistance was red with a white star directing upwards at the top left corner of it.

Hence, the Myanmar people loved the colours, yellow, green and red during the post-independent period. Today's people always adore the said three-colour flags as a historic symbols of the nation.

Mr Chairman,

The on-going National Convention is as important as the lifeblood for the nation. The National Convention has been laying down basic principles. The new constitution that will emergence in accord with the era will be in harmony with the new three-colour flag.

Hence, the following detailed basic principles should be adopted.

(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 hoisting upwards.

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

Mr Chairman,

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.

In the 1947 Constitution there is no provision concerning the State Seal. But when we studied the then State Seal we found that the words Pyidaungsu Thamada Myanmar Naing-Ngan Daw were written at its foot and it had three portraits of a lion king one facing left, another facing right and the other facing front.

At the centre were the map of Myanmar together with the maps of some neighbours. In the double circles were the Pali wards Samagganam Taposukho meaning unity is a noble joy and prosperity. The circles were decorated with Myanmar traditional floral arabesque.

The 1947 Constitution showed the picture of the State seal and stated, The State Seal shall be as shown below. The Seal has been used till now. A significant point is that the words included in the State Seal from 1974 to 1988 were Pyidaungsu Socialist Thamada Myanmar Naing-Ngan Daw (The Union of the Socialist Republic of Burma) and the words included in it after 1988 during the time of the Tatmadaw government are Pyidaungsu Myanmar Naing-Ngan Daw (The Union of Myanmar).

The nation's map should be portrayed at the centre the future State Seal for it to have broader and deeper essence, and to look attractive and impressive. 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,

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.

The present National Anthem depicts the 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.

The song also calls for all the national races to harmoniously strive for national development and that is the duty of all citizens.

The verses of the song we have used for many years are in conformity with the fundamental principles the National Convention has adopted. Hence, the following detailed basic principle should be adopted.

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

Mr Chairman,

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 nation 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.

Thus, the following detailed basic principle should be adopted.

The capital of the State is Nay Pyi Taw.

U Saw Hla Tun of ChaungU Township, Sagaing Division, will continue to present the paper.

Thank you all.

*****

Mr Chairman,

I am U Saw Hla Tun of the delegate group of other invited persons from ChaungU Township in Sagaing Division.

I would like to read out the second part of the proposal.

The Work Committee chairman presented the points for the Chapter Transitory Provisions at the plenary session of the National Convention held on 13 November 2006.

Regarding the coming into force of the State Constitution, he called for advice and suggestions of the delegates to decide whether or not 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.

Now, the seven-step Road Map is in the process of being implemented, and under the fourth step, the State constitution will be approved through a referendum in accordance to the detailed basic principles to be adopted unanimously by the National Convention.

In the process, seeking the approval of the people, approving the State Constitution by the votes of more than half of all the people who have the right to vote, coming into force of the State Constitution throughout the Union after its adoption in a referendum, that points conform with the constitutions of many other countries as well as the 1947 constitution and 1974 constitution of our nation. So, these points should be adopted as detailed basic principles.

Here, I would make a suggestion that the word votes should be replaced with the expression assenting votes because it can also be assumed as votes against, or abstentions.

Therefore, the principle should be:

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

In his explanation, with respect to ensuring continuous exercise of State sovereignty during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, the Work Committee chairman called for advice and suggestions to decide whether 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 or not.

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 State Peace and Development Council 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. So, that point should be adopted as a detailed basic principle.

Respective Hluttaws will come into operation under the forthcoming State Constitution. Hluttaws to be formed under the State Constitution will emerge only after Hluttaw members have been elected.

So, the SPDC will have to take necessary measures according to the State Constitution to hold elections.

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 to ensure smooth operation of the tasks. Therefore, in order to ensure that the preparative measures are carried out in accordance with the State Constitution, 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,

Regarding the devolving on the State's policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights, the Work Committee chairman called for advice and suggestions to decide whether 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 or not.

We consider that the basic foundations built to realize the State objectives, and the policy guidelines, laws, rules, regulations, orders, and proclamations issued to expedite all-round tasks for building a modern developed democratic nation by the SPDC are necessary actions in the interests of the nation and people. Therefore, we support the adoption of the detailed basic principle All measures, responsibilities and rights of the State Peace and Development Council shall be devolved on the Pyidaungsu Hluttaw that will come into being under the State Constitution.

Regarding the existing laws, called for advice and suggestions to decide whether 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 or not.

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.

If the existing laws and rules are no longer inconsistent with the State Constitution, the Pyidaungsu Hluttaw will have to repeal or amend them. Therefore, regarding the existing laws, that point 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.

Therefore, the point:

Existing rules, regulations, bye-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.

Regarding the cases pending in courts at all levels on the date on which the Constitution comes into operation, he called for advice and suggestions to decide whether or not 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.

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 the courts at all levels in accord with the Constitution. So, jurisdiction should be devolved 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. So, this point should be adopted as a detailed basic principle.

And regarding State service personnel, he called for advice and suggestions to decide whether or not 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 or not.

All functioning administrative bodies or ministries and service personnel are to continue in their functions. It is also required to ensure regular attendance of the service personnel. So, the point should be adopted as a detailed basic principle.

General Provisions

Mr Chairman,

At the plenary session held on 13 November 2006, the Work Committee chairman clarified the points that should be adopted as detailed basic principles for the Chapter General Provisions  to be included in the State Constitution.

We members of the delegate group of other invited persons conducted a careful study of the 26 detailed basic principles included in the Work Committee chairman's clarification. His clarification includes

- one detailed basic principle that concerns that this Constitution is the basic law of laws of the State,

- two detailed basic principles, which have been adopted by the National Convention, that the two detailed basic principles should be shifted to another para,

- one detailed basic principle that this Constitution shall be based only on Myanmar text,

- one detailed basic principle that concerns interpretation of the expressions of this Constitution,

- one detailed basic principle that a Myanmar manuscript of this Constitution shall be kept at the National Archives, and the manuscript shall be conclusive evidence of the provisions of this Constitution,

- one detailed basic principle that in the interest of the State, the Union Government may permit Region or State government, 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,

- one detailed basic principle that he 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,

- one detailed basic principle that the Union of Republic of Myanmar may sue and may be sued by the name of the Union of Republic of Myanmar,

- five detailed basic principles that concern formation of a Constitutional Tribunal, appointment of its members, assigning duties to them, and designating the qualifications to be possessed by the members,

- one detailed basic principle that concerns the term of the Constitutional Tribunal,

- three detailed basic principles that concern appointment and resignation of a member of the Constitutional Tribunal and filling a vacant seat with a new member,

- one detailed basic principle that concerns impeachment of a member of the Constitutional Tribunal,

- one detailed basic principle that concerns the functions of the Constitutional Tribunal,

- two detailed basic principles that concern a dispute over the point that a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court,

- two detailed basic principles that concern a case to seek interpretation, decision, and stance from the Constitutional Tribunal,

- two detailed basic principles that concern the designation of the roles of the chairman and members of the Constitutional Tribunal.

These facts should be mentioned in the State Constitution. So, they should be adopted as detailed basic principles.

Mr Chairman,

That is all for our proposal. Now, the National Convention is over. And we delegates have made suggestions about the chapters, so the State Constitution has taken its shape.

Now, various forms of advice have been collected from the delegates for adoption of the detailed basic principles for the State Constitution, to which the entire national people including National Convention delegates aspire and that can guarantee a brighter future of the nation.

We members of the delegate group of other invited persons are very pleased with our advice and suggestions.

Today's plenary session will be over as soon as we have read out our proposal. That is indeed the sign of successful completion of the National Convention.