Referendum will be held after the committee for drawing the State Constitution completes its work according to the principles adopted through collective discussions of delegates of all national races

Yangon, 29 Dec—The plenary session of the National Convention continued at the Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 11.15 am today, with an address by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.

The full text of the speech of the Secretary-1 is as follows.

NC delegates,

May you all be blessed with physical and mental well-being and a success in serving the interests of the State. And I extend my greetings to you.

You delegates play a major role in the drive for the emergence of an enduring State Constitution necessary for building a peaceful, modern and developed democratic nation with flourishing democracy, to which the entire national people have been aspiring.

In most countries, a State Constitution is presented to the people of the country concerned only after the administrative body has written it. Unlike them, in Myanmar, the delegates of various national races from all parts of the nation have the opportunity to attend the plenary sessions, participate in the discussions and adopt the fundamental principles and detailed basic principles to draw the State Constitution. Referendum will be held after the committee for drawing the State Constitution completed the drawing of the State Constitution according to the principles adopted through the collective discussions of the delegates of all national races. So, after you delegates get home you can make a satisfactory explanation about the principles if your friends and acquaintances ask questions.

NC delegates,

For ensuring the emergence of a State Constitution that is much-needed in Myanmar, before the National Convention started, all the representatives including representatives of the political parties and representatives-elect held preliminary meetings and designated the delegate groups, the number of the delegates and procedures of the National Convention with common consent. Therefore, the Chapter Headings and their Serial Order, and State Fundamental Principles for the State Constitution were laid down in 1993; the chapters “The State Structure” and “The Head of State” in 1994; prescribing Self-Administered Divisions and Self-Administered Zones, in 1995; and Formation of Legislature, Formation of Executive and Formation of Judiciary, in 1996.

The National Convention, which had to be adjourned temporarily since 1996, was reconvened on 17 May 2004. And up to now it has been held four times. Due to the sustained efforts of you delegates, the fundamental principles and detailed basic principles necessary for the State Constitution are being adopted successfully for one heading after another.

Regarding the accomplishment of the work, of the 15 chapters laid down at the National Convention Plenary Session held on 7 April 1993 for framing the State Constitution, eight chapters have been adopted successfully owing to the collaborative efforts of you delegates.

At the plenary session held from 10 to 12 October 2006, explanation was made to the delegates to give advice and make suggestions to decide whether the findings of the Work Committee Chairman for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” of the seven remaining chapters should be adopted as detailed basic principles or not.

And at the plenary session held 10 and 13 November 2006, clarification was made to the delegates to give advice and make suggestions to decide whether the findings of the Work Committee Chairman for the chapters “Amendment of the State Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” of the remaining seven chapters should be adopted as detailed basic principles or not.

Now, the detailed basic principles for the eight of the 15 chapters to be included in the State Constitution have been adopted. And to adopt the detailed basic principles for the seven remaining chapters, respective delegate groups have presented the proposals of the delegates at the plenary session held from 27 November to 7 December and at the plenary session held from 21 December to date.

So, now the Work Committee has presented all the chapters to seek advice and suggestions from the delegates.

The National Convention is attended by the representatives of national races across the nation, representatives of national races who have returned to the legal fold and those representing all walks of life. Therefore, I would say the demands of those who plotting clandestine schemes to harm the National Convention have varnished under the correct influence of the National Convention that is fully endowed with essence.

Delegates,

At the ongoing National Convention, the panel of chairmen will have to compile a proposal paper after reviewing the suggestions the delegate groups have discussed and submitted. Then the National Convention Convening Commission and Work Committee will have to assess the proposal paper and lay down detailed basic principles after seeking approval of the delegates at the next plenary session of the NC. That is why the NC will resume on an appropriate occasion in 2007.

Delegates,

As you know, the desire of all the people is the peace and stability and progress of the State by upholding ‘Our Three Main National Causes’ — Non-disintegration of the Union, non-disintegration of national consolidation and perpetuation of sovereignty. Therefore, the government is working hard to achieve the goal of building a peaceful and modern developed nation.

In doing so, drawing lessons from the past, the government knows that peace and stability of the State and national consolidation are of utmost importance. Thanks to cooperative efforts of the Tatmadaw and the people, national armed groups which rose against the government for half a century after independence was regained for their different ideologies and isms have returned to the legal fold and they are now attending the National Convention for the emergence of a democracy with discipline flourishing. However, some elements with negative view relying on foreign countries are still attempting to stifle the effort for peace and stability and progress of the State. So, we are to guard against such danger through the strength of the people.

Delegates,

In order to develop the State, it is necessary to have economic infrastructures. The government is placing emphasis on improving the sectors of politic, economic and social affairs by laying down the 12 State objectives. It can be witnessed that the State has seen significant progress in both economic and social sectors such as agriculture, industry, transport, energy, electricity, social affairs, education and health.

These are the result of hard work of the State and the people based on own strength and resources. Therefore, it is required to hand down these fruitful results to future generations. The ongoing National Convention is being held in order to write an enduring State constitution. The past history has taught us that the constitution is the lifeblood of the State. Overall, I would like to express my sincere thanks to you all for your active participation in the National Convention sidelining your personal matters.

Desire of all the people is peace and stability and progress of the State by upholding ‘Our Three Main National Causes’National Convention plenary session continues

Yangon, 29 Dec — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 11.15 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who had returned to the legal fold, 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.

Chairman of NCCC Secretary-1 Lt-Gen Thein Sein presided over the Plenary Session and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies.

According to the agenda of the Plenary Session, Chairman of the NCCWC Chief Justice U Aung Toe clarified future tasks for the National Convention saying that the National Convention resumed on 10 October 2006 to lay down and adopt detailed basic principles for formulating an enduring State Constitution of the Union of Myanmar.

The delegates have been energetically taking part in the National Convention, while keeping in the fore Our Three Main National Causes for the success of the functions of the National Convention, the first step of the seven-point Road Map.

Throughout the process of the National Convention, the delegates, who are the national races of all the states and divisions, have frankly presented proper and sound suggestions in the interest of the nation and the people, while dealing with each other like close relatives. They are put on record with honour.

The delegates presented suggestions to adopt detailed basic principles in connection with the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw to be included in the Chapter “Legislation” at the plenary session of the National Convention held from 2 to 9 January 2006 and the Chapters “the Role of Tatmadaw” and “Citizenship and Fundamental Rights and Duties of Citizens” at the plenary session of the National Convention held from 24 to 30 January 2006. The alternative penal of chairmen after studying the suggestions presented its compilation concerning the suggestions on 11 and 12 October 2006.

The compilation of the alternative panel of chairmen showed that some of the suggestions presented by the delegate groups and some delegates are found to be sound and proper enough to serve the interest of the nation and the people. As regards the matter, the National Convention Convening Work Committee coordinated with the alternative penal of chairman whether to adopt those separate suggestions as detailed basic principles or not. The panel of chairman after seeking the opinions of the delegates concerned presented the collected opinions of the delegates to the Work Committee in writing.

In accord with the suggestions of the most of the delegates, the National Convention adopted the detailed basic principles in connection with the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw to be included in the Chapter “Legislation” at its plenary session held on 25 and 26 October 2006, and the detailed basic principles for the Chapter “the Role of Tatmadaw” at its plenary session held on 26 October and the detailed basic principles for the Chapter “Citizenship and Fundamental Rights and Duties of Citizens” at its plenary session held the next day. Thanks to the full cooperation of the delegates, the National Convention was able adopt the said detailed basic principles.

The plenary session of the National Convention held on 30 and 31 October 2006 read out the clarification made by the Work Committee Chairman regarding detailed basic principles to be adopted for the Chapters “Election”, “Political Parties” and “Provisions on State of Emergency”.

Concerning the Work Committee Chairman’s clarification, the delegates held group-wise meetings and compiled collections of suggestions, and presented them to the plenary session of the National Convention held from 27 November to 7 December this year. The proposal paper of the delegates of the political parties was presented at the plenary session of the National Convention on 27 and 28 November, the proposal paper of the delegates of the representatives-elect was presented on 29 and 30 November, the proposal paper of the delegates of the national races group was presented on 1 December, the proposal paper of the delegates of the peasants group was presented on 4 December, the proposal papers of the delegates of the workers group and the intellectuals and intelligentsia group were presented on 5 December, the proposal paper of the delegates of the State service personnel group was presented on 6 December, and the proposal paper of the delegates of the other invited persons group was presented on 7 December.

At the plenary session of the National Convention held from 10 to 13 November, the clarification made by the Work Committee Chairman concerning detailed basic principles for the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”, “Transitory Provisions” and “General Provisions” was read out.

As regards the Work Committee Chairman’s clarification, the delegates held group-wise meetings and compiled collections of suggestions, and submitted them to the plenary session of the National Convention held from 21 November to date. The proposal papers of the delegates of the political parties were submitted to at the plenary session of the National Convention on 21 and 22 December, the proposal papers of the delegates of the representatives-elect were presented on 26 December, the proposal papers of the delegates of the national races group and peasants group were presented on 27 December, the proposal papers of the delegates of the workers group and the intellectuals and intelligentsia group were presented on 28 December, and the proposal papers of the delegates of the State service personnel group and other invited persons group were presented this morning.

After studying the suggestions presented by the delegate groups, we found that the delegate groups after making thorough discussions on the Work Committee Chairman’s clarification discussed in support of the clarification with reasonable assumptions; and that they presented separate suggestions of their own, which are within the framework of the six objectives of the National Convention including Our Three Main National Causes and based on the 104 fundamental principles and their studies and experiences. The panel of chairmen of the plenary session of the National Convention will submit the collections of proposals chapter-wise after analyzing the suggestions in detail.

The National Convention is adjourned today, and it will resume on an appropriate date in 2007 for the members of the panel of chairmen to compile collections of suggestions based on their studies on the suggestions, and for the delegates to conduct their business and social undertakings well.

When the National Convention resumes, detailed basic principles concerning the Chapters “Election”, “Political Parties”, “Provisions on State of Emergency”, “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”, “Transitory Provisions” and “General Provisions” will be adopted in accord with the views and opinions of the delegates. In addition, the National Convention Convening Work Committee has plans to present its explanations to annul the detailed basic principles that are no longer needed, and to make amendments and additions concerning some expressions of the detailed basic principles after re-analyzing and considering the adopted detailed basic principles, to the National Convention. In this regard, I would like to urge the delegates to make preparations to present their sound suggestions at the coming plenary session of the National Convention. And with this I conclude.

Next, Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan explained the management matters. He said that the National Convention which resumed on 10 October 2006 will be adjourned soon. The NC delegates will go back home to their respective regions. Therefore, the Commission has made arrangements for transport and management matters for the convenience of the delegates who will leave for home by air, by train or by car this evening, on 30 and 31 December.

Arrangements have been made for supervision and safety of their going home by officials of the States and Divisions. Private cars will be permitted to pick up equipment of the delegates from the hostels, after being checked at the gates. Officials will provide transport facilities to the delegates who will leave by air and by train to the airport and railway stations.

The Commission has requested authorities of respective states and divisions on 20 December to enable the delegates to conveniently reach their destinations. In addition, the Security Subcommittee will collect identity cards from the NC delegates at the hostels, and the cards will be issued to them at Nyaunghnapin Camp in the coming National Convention.

When the National Convention is about to resume, invitation cards will be sent to all the NC delegates in advance. The authorities concerned in the states and divisions have been informed to provide all the necessary assistance to the delegates. When the invitation cards are being sent to the delegates, the authorities concerned will be informed again in order that they can provide the delegates with the necessary assistance.

As there were some weaknesses in management sector of the National Convention held in 2004 and 2005, remedial measures have been taken to the most possible degree for the convenience of the delegates. But, it is learnt that the delegates found it difficult in some cases due to various reasons. However, it is also learnt that the delegates were magnanimous in such weaknesses as those at the service of delegates made efforts with might and main for the convenience of the latter, regarding them as their parents, brothers and sisters.

During the National Convention, it was convenient for the delegates to enjoy meal, accom-modation, transport, health and welfare of delegates. And arrangements are to be made for the convenience of the NC delegates in the coming National Convention.

News letters of the NC are distributed daily during the National Convention. As the news letters covered matters on group meeting and the laying down of detailed basic principles carried out by the NC, they would turn out to be priceless records for the delegates.

It is seen that the delegates enthusiastically participated in the writing of articles, poems, stories, humour and cartoons including the salient points of the National Convention with the help of officials concerned. This being the case, the news letters were informative and entertaining and popular among the delegates.

With the help of news letters, the delegates have the opportunity to better understand traditions and culture of national races, thereby contributing much to national unity. Since the manuscripts of news letters are beneficial and advantageous the Ministry of Information is making arrangements to insert them in journals and newspapers. Based on the manuscripts a book will be published.

He said that he thanked officials, staff members and delegates who did their bit in successful publishing of news letters. In addition, he also expressed his thanks over concerted efforts of staff members of the Ministry of Information, the Ministry of Culture, the Ministry of Defence, the Myawady Crew, the anyeint of Yangon Command, Myanmar Motion Picture Asiayon, Gita Asiayon and Artists and Artisians Asiayon for their participation in the entertainment programmes.

In the meantime, he thanked organisations and well-wishers who made cash and kind donations for the success of the National Convention, delegate businessmen and film producers who contributed their shares in sports and entertainment programmes.

During the break of the National Convention, he urged delegates to impart essence of fundamental principles and detailed basic principles laid down and efforts made by the NC in the interest of the State and the people to the people at every opportunity.

In the same way, he stressed the need for delegates to make a through study of fundamental principles and detailed basic principles laid down at the NC and constitutions of nations of the world including Myanmar.

In conclusion, he wishes the delegates to be free from all forms of dangers on their way home, to be happy meeting with their families, to be able to attend the coming National Convention and to be able to serve the interest of races, religions, Sasana and their own all the more.

Next, Chairman of NCCC Secretary-1 Lt-Gen Thein Sein delivered a speech.

(The speech delivered by Secretary-1 Lt-Gen Thein Sein is reported separately.)

The Plenary Session of the National Convention which resumed on 10 October 2006 with objectives— non-disintegration of the Union, non-disintegration of national solidarity, consolidation and perpetuation of sovereignty, flourishing of a genuine multi-party democracy system, further flourishing of noblest and worthiest of worldly values, namely, justice, liberty and equality in the State and for the Tatmadaw to be able to participate in the national political leadership role of the future State successfully concluded at 11.50 am.

Proposals of Delegate Group of State Service Personnel and Delegate Group of Other Invited Persons presented

Yangon, 29 Dec — Delegates presented proposals of Delegate Group of State Service Personnel and Delegate Group of Other Invited Persons on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” in drafting the State Constitution at the Plenary Session of the National Convention which continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have returned to the legal fold, 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 Kyaw Win Tun of Delegate Group of Workers 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 Gyi of Delegate Group of Representatives-elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, 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 1,070 out of 1,080 delegates were in attendance, accounting for 99.07 per cent, and the plenary session commenced with the permission of the meeting chairman.

Delegates presented proposals of Delegate Group of State Service Personnel 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 Sein Lwin of the Ministry of Mines presented the proposal.

Next, U Than Tun of Attorney-General Office presented the proposal and the Plenary Session took a break at 9.55 am.

When the Plenary Session resumed at 10.10 am, delegates presented proposals of Delegate Group of Other Invited Persons. First, U Lwizi Kyaw Kyaw of (KNPP) (Hoya) presented the proposal.

Next, U Saw Hla Tun of ChaungU Township, Sagaing Division, presented the proposal and the Plenary Session went into recess at 10.55 am.

(Proposals of Delegate Group of State Service Personnel and Delegate Group of Other Invited Persons will be reported.)

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

 Yangon, 29 Dec— The following is a translation of the proposals on laying down detailed basic principles for“General Provisions” to be included in drafting the State Constitution presented by the Delegate Group of National Races at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 27-12-2006.

General Provisions

Mr Chairman,

The chairman of the National Convention Convening Work Committee explained the points that should be adopted as detailed basic principles for the Chapter “General Provisions” to be included in the State Constitution.

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

Concerning the General Provisions, the following fundamental principles have already been laid down by the plenary session of the National Convention on 16 September 1993.

(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.

The State fundamental principles have been laid down after making considerations from various aspects to be in conformity with the current conditions for the nation to enjoy greater degree of peace, stability and prosperity. Hence, the State fundamental principles are guidelines to be followed by the legislative Hluttaws in enacting laws and in interpreting provisions of the State Constitution and other laws. And it is prescribed in the 1974 Constitution of Myanmar and constitutions of some nations.

It is perceived that Myanmar language was prescribed as the official language both in the 1947 constitution and in the 1974 constitution. Myanmar language is used widely everywhere across the nation. It should be used as the official language to ensure equality and smooth relations between the people and the government, and between governmental organizations. So there has been adopted a detailed basic principle “Myanmar language is the official language”.

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. Similar provisions are prescribed in the 1974 constitution.

Mr Chairman,

After adopting and promulgating the State Constitution, there may be a need to interpret the exact meaning of an expression in practically implementing the Constitution. There should be a law to interpret and refer an expression in the adopted Constitution if there is no specific interpretation.

When need arises to interpret an expression included in the State Constitution that is being drawn under the basic principles and detailed basic principles, the Expressions Law should be referred.

Mr Chairman,

He said that the Constitution of a nation is the milestone of that nation. Every country promulgates its Constitution in conformity with its own prevailing economic and social conditions. And the Constitution is worthy of recording as a historic landmark. So, 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 has been adopted and promulgated through a referendum, should be enrolled for record in the National Archives. The manuscript is the conclusive evidence of the provisions contained in the Constitution.

One of the basic principles on the economy says:

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

It implies that the State guarantees the participation of all the economic forces in the economic activities for the national economic development. Simultaneously, some economic enterprises are operated solely by the State under the conditions. Now, the kinds of economic enterprises the government has to solely operate under “the State-Owned Economic Enterprises Law” have been prescribed. However, it is prescribed that the government may permit a person or an organization to run any of the economic enterprises, which the government has to solely operate, under the terms and conditions in the interests of the State.

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

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

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

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

Mr Chairman,

The detailed basic principles the National Convention has adopted for the Chapter “General Provisions” cover forming of a constitutional tribunal and fixing its functions.

The Work Committee chairman explained that a constitutional tribunal shall be set up to interpret provisions of the State Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution, to 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 to perform other duties prescribed in the State Constitution. The tasks to be carried out by the Constitutional Tribunal are stated in these detailed basic principles. So, these tasks should be prescribed in the detailed basic principles as necessary in order that they can be scrutinized and decided when the President informs the matters regarding the Union territories.

Mr Chairman,

The courts have to hear criminal cases and civil law cases in accord with the existing laws. In the process, if there is a dispute as to whether a provision of a law is in conformity with the Constitution in a case being heard by a court, the Constitutional Tribunal is responsible for deciding such a case.

The court concerned should suspend the case it is hearing and submit its views to the Constitutional Tribunal in accord with the procedures for the decision. Regarding the dispute, the decision of the Constitutional Tribunal should apply all the cases, and the decision should be final.

The Constitutional Tribunal is responsible for interpreting the provisions of the State Constitution. In the process, the President, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the Speaker of the Amyotha Hluttaw, the Union Chief Justice and the chairman of the Constitutional Tribunal should have the right to submit the cases directly to the Constitutional Tribunal. And in a case in which Region or State Chief Minister; the Speaker of the Region or State Hluttaw; the chairman of the Leading Body of the Self-Administered Areas and at least 10 percent of members of the Pyithu Hluttaw and the Amyotha Hluttaw submit a case to interpret the Constitution, they should have the right to do so in accord with the procedures rather than submit directly. We agree to these points.

We members of the delegate group of national races consider that the proposed detailed basic principles for the Chapter “General Provisions” should be adopted due to the fact that they cover all necessary points. They are:

(a) This Constitution is the basic law of laws of the State.

(b) Myanmar language is the official language.

(c) The State fundamental principles are the guidelines in interpreting the provisions of the State Constitution and of other laws.

(d) Interpretation of the expressions is based on Myanmar text and referred to the existing Interpretation of Expressions Law.

(e) A Myanmar manuscript of this Constitution is kept at the National Archives, and it is conclusive evidence of the provisions of this Constitution.

(f) Permission is granted to the Region government, State government, a cooperative society, an organization 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.

(g) Reciprocal obligations arising out of any treaties or agreements which before the coming into force of this Constitution were in force are honoured between the Government of Myanmar and the Government of any other State.

(h) The government may sue and may be sued regarding the charters signed with any of other nations before this Constitution comes into force.

(i) The Constitutional Tribunal is formed with qualified persons, and they are assigned duties. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each totalling nine:

(j) A member of the Constitutional Tribunal shall be deemed to have resigned if he is a member of any Hluttaw or a government employee and they are prohibited to participate in party politics to ensure equality among the members.

(k) The term of a members of the Constitutional Tribunal is fixed.

(l) The President is vested with the power to accept the resignation of a member of the Constitutional and to appoint a new member.

(m) Responsibilities and rights of the Constitutional are designated.

(n) Persons and bodies that have the right to submit a case directly of in accordance with the designated ways to the Constitutional Tribunal for its stance are designated.

(o) Formation and relations of the Constitutional Tribunal, responsibilities, powers and rights and role of the chairman and members are designated.

Our group support the 26 detailed basic principles the Work Committee chairman presented for the Chapter “General Provisions”, and has no suggestions about them.

Mr Chairman,

The delegate group of national races has already discussed in support of the detailed basic principles from 1 to 4 for the chapter “Amendment of the Constitution”, the detailed basic principles for the chapter “State Flag, State Seal, National Anthem, the Capital”, the detailed basic principles from 1 to 8 for the chapter “Transitory Provisions”, and the detailed basic principles from 1 to 26 for the chapter “General Provisions”, within the framework of the six objectives of the National Convention and 104 detailed basic principles.

We of the delegate group also present four separate suggestions which we assume are proper and good. They are: one separate suggestion for the chapter “Amendment of the Constitution”, and three for the chapter “State Flag, State Seal, National Anthem, the Capital” totalling four to be used as necessary.

Mr Chairman,

The past history has taught us a lot of lessons. It is the duty of all the people of the Union to shape a golden age in the future while taking the past lessons wisely. The on-going National Convention is marking the first milestone on the road to democracy. All the delegates are happy and take pride in themselves for the opportunity to collectively take part in the noble task.

We are working out of hours while assessing the personal experience, taking of the lessons of life, and studying the international military, economic and economic affairs based on both practical and theoretical knowledge. Hence, we are witnessing the sound results. The nation has been able to end the internal armed strife and stay away from ideological armed conflicts, catch up with the ever advancing technological field of the 21st century and build almost all the economic infrastructures. The nation will stand tall among the world nations, proclaim the Constitution, and reach the golden age with the continued efforts of the elected public representatives. All the national races of the constant learning Myanmar society are heartily welcoming the golden future.

With full Union Spirit, the delegate group will continue to take part with collective efforts for the emergence of modern and developed genuine discipline-flourishing democratic state and new Constitution that has the power to serve the interest of the nation and the people and contribute to the flourishing of democracy practices in the nation.