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Yangon, 4 Dec — Three delegates presented proposals of Delegate Group
of Peasants on the detailed basic principles that should be adopted for the
chapters “Election”, “Political Parties” and “Provisions on State of
Emergency” to be included 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 of 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
returned to the legal fold.
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, 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.
Proposals on the detailed basic principles that should be adopted for
the chapters “Election”, “Political Parties” and “Provisions on
State of Emergency” to be included in drafting the State Constitution made
by Delegate Group of Peasants were presented to the Plenary Session. First, U
Soe Naing of Myaungmya Township, Ayeyawady Division, presented proposals on
the Chapter “Election” and U Mann Abi of Hpa-an Township, Kayin State, on
the Chapter “Political Parties” and the Plenary Session took a break at
9.35 am.
When the Plenary Session resumed at 9.50 am, U Haung Gyone of Waimaw
Township, Kachin State, presented proposals on the Chapter “Provisions on
State of Emergency”.
(The presentation of the Delegate Group of Peasants will be reported.)
The Plenary Session was adjourned at 10.35 am.
The Plenary Session of the National Convention continues tomorrow at 9
am.
The chapter “Provisions on State of
Emergency” is required for nation to safeguard sovereignty and to secure
public lives in accord with the constitution
Yangon, 4 Dec— The following are the proposals submitted by
independent representatives-elect U Tin Win of Kyaiklat Township
Constituency-2, U Thein Kyi of Taungdwingyi Township Constituency-1, U Hla Soe
of Minbu Township Constituency-2, U Mya Hlaing of Twantay Township
Constituency-2, U Kyin Win of Mingaladon Township Constituency-1 and U Tin Tun
Maung of Mingaladon Township Constituency-2 on the detailed basic principles
for the Chapter “Provisions on State of Emergency” to be included in the
State constitution at the Plenary Session of the National Convention in
Nyaunghnapin Camp in Hmawby Township, Yangon Division on 30-11-2006.
I am U Tin Win, an independent representative-elect of Kyaiklat Township
constituency 2. Other independent representatives-elect, U Thein Kyi of
Taungdwingyi Township Constituency 1, U Mya Hlaing of Twantay Township
Constituency 2, U Hla Soe of Minbu Township Constituency 2 and U Tin Tun Maung
of Mingaladon Township Constituency 2 compiled the paper together with me.
Mr Chairman,
World nations write their constitutions based on their social, economic,
political and historical conditions. We are drafting our constitution based on
our objective social, economic and political conditions and the affairs of the
national races. The situation that is better than the times during which 1947
Constitution and 1974 Constitution were drafted is the emergence of the
National Convention. Various national races and people of all walks of life
from the entire nation are taking part in laying down and adopting the
detailed basic principles at the National Convention in the interest of the
nation and the people. I will now discuss the chapter “Provisions on a State
of Emergency” included in the 15 chapters to formulate the Constitution.
Mr Chairman,
The provisions on a state of emergency are essential for the
constitution. The chapter is required for the nation to safeguard sovereignty
and to secure public lives in accord with the constitution in a state of
emergency that is unforeseeable. Myanmar has been extending good-neighbourly
relations with her neighbours. But some of the faraway global powers tried to
break up the national unity in the past and they are still trying to do so at
present too. Hence, all the national races will have to nurture patriotism
through mutual trust and goodwill. If we all have firm patriotism, there will
be no reason for the nation to face a state of emergency, except from natural
disasters.
Mr Chairman,
Emergency matters need prompt action. Let alone the nation, even a
family or an individual person can face an emergency problem resulting from
health, economic or social matters. If such problems cannot be solved
immediately, the family or individual person may face various sufferings. So,
preparations should be made in advance to address the emergency problems. A
nation or a region also is required to make programmes in advance to solve the
emergency problems.
Mr Chairman,
We have assessed and discussed the explanations made by the Chairman of
the National Convention Convening Work Committee from all angles. As an
ordinary person, we study the matters concerning the capacity to protect
public lives and property effectively within a short time. Our study from the
political point of view includes the matters concerning the empowerment of
State power, means to fulfill citizens’ fundamental rights and
re-establishment of a true democratic system. We find that the Work Committee
Chairman’s explanations cover all the above-mentioned social and political
matters.
Mr Chairman,
A state of emergency may occur in a nation where there arises a threat
endangering the national defence and security and the rule of law in some
regions or in the entire nation, or a foreign military intervention, or a
natural calamity. In this situation, the Head of State will have to declare
state of emergency and take necessary measures to restore the situation into
normalcy as he is entrusted with the power to do so by the Constitution.
It is more proper for the President to consult with the National Defence
and Security Council than decide on his own before declaring a state of
emergency. Concerning the Regions and States and self-administered areas, the
following point should be adopted.
“1. If the President learns that the administrative functions cannot
be carried out in accord with the Constitution in a Region or a State or a
Union territory or a Self-Administered Area, he shall, after coordinating with
National Defence and Security Council, issue an ordinance having the force of
law to declare a state of emergency.”
Mr Chairman,
The ineffectiveness of the administrative machinery will lead to
jeopardizing the community peace and the rule of law. In such situation, it is
specially necessary for the President of the State to be empowered to exercise
executive power to restore the rule of law and the community peace. It is not
easy for the President to carry out the task alone. The power to do so should
be vested in an organization formed with suitable persons of the respective
regions or a suitable person to carry out the task on behalf of the President.
It will be necessary for the President to exercise the legislative power
of the Region or State or the Self-Administered Area in addition to exercising
the executive power. But it should be the legislative power that concerns only
the executive functions.
Hence, we agree to adopt the following point as detailed basic
principle.
“2. In the matters concerning the declaration of a state of emergency
in accord with the paragraph 1, the President shall have the power to:
“(a) exercise the executive power of the Region or State or
Self-Administered Area concerned. Moreover, he shall form a suitable
organization and entrust the executive power to an organization concerned, or
to a suitable person.
“(b) In doing so, out of the legislative matters of the respective
Regions and States and the Self-Administered Areas, the President shall have
the power to exercise the legislative power concerning the executive affairs.
But the legislative power shall not be entrusted to any organization or any
person.”
Mr Chairman,
The President will have to declare a state of emergency after consulting
with the National Defence and Security Council in advance to protect public
lives and property and restore regional stability, community peace and the
rule of law. But if not all the members of the National Defence and Security
Council are present at the meeting with the President, he should declare a
state of emergency after making coordination with the Commander-in-Chief of
Defence Services, the Deputy Commander-in-Chief of Defence Services, the
Minister of Defence and the Minister of Home Affairs, and the matter must be
submitted to the NDSC soonest for approval. So, public lives and property can
be saved in time.
We are in favour of supporting the following point to be adopted as
detailed basic principle:
“3. (a) when there arises or there is sufficient reason to occur a
state of emergency endangering life and property of the people in a Region or
a State or a Self-Administered Area or in any part of them, the President
after consulting with the National Defence and Security Council may issue an
ordinance having the force of the law to declare a state of emergency.
“(b) If not all the members of the National Defence and Security
Council can attend the meeting in which the President consults with the
National Defence and Security Council as prescribed in the above paragraph
(a), the President, may after coordinating with the Commander-in- Chief of the
Defence Services, the Deputy Commander-in-Chief of the Defence Services, the
inister of Defence and the Minister of Home Affairs who are members, declare a
state of emergency in time. The declaration shall be submitted to the National
Defence and Security Council soonest for approval.”
Martial law should be issued, if the measures being taken by the local
administrative and civil bodies with the help of the Tatmadaw are
ineffectiveness and the danger is not dying down as it should be. It is opined
that there should also be a detailed basic principle concerning the issuance
of martial law. The decree of martial law should include administrative powers
and functions and judicial powers and functions of the administrative bodies.
Concerning the declaration of martial law, we suggest that the following
point should be adopted.
“4. In connection with the declaration of a state of emergency in
accord with the paragraph 3, the President shall:
“(a) take the assistance of the Tatmadaw to ensure local
administrative bodies and members, and civil bodies and members to effectively
carry out their functions in accord with the existing laws in order to swiftly
restore the situation of an area where a state of emergency has been declared.
“(b) declare martial law. In doing so, the President shall prescribe
in the martial law order the administrative powers and functions and judicial
powers and functions concerning community peace and the rule of law entrusted
to the Commander-in-Chief of the Defence Services. The Commander-in-Chief of
the Defence Services shall exercise the powers and functions or empower them
to a suitable military administrative official.”
Mr Chairman,
The President in declaring a state of emergency or issuing martial law
order should issue an ordinance in line with the powers and functions vested
in him. But the state of emergency should be only for the specific area and
should include a specific period. If the area is not designated precisely,
there can be difficulties in carrying out the functions. Similarly, if the
time is not fixed precisely, there can be legal disputes concerning the date
on which a state of emergency comes into force. Thus, the ordinance issued by
the President should include the fixed time and the specific area.
If the President declares a state of emergency, the people of the
inclusive area cannot enjoy all the rights ensured by the Constitution. In
connection with the matter, we agree that the following point should be
adopted.
“5. The President when issues an ordinance having the force of law and
declares a state of emergency, shall:
“(a) specify the area covered by the ordinance and the duration.
“(b) if necessary, restrict or revoke one or more provisions of the
fundamental rights of the citizens residing in the area affected by a state of
emergency declaration.”
Mr Chairman,
It is necessary for the President to submit the ordinance to the
Pyidaungsu Hluttaw for approval. The President should submit the ordinance to
the nearest session of the Pyidaungsu Hluttaw or should call the Pyidaungsu
Hluttaw if it is not in session for approval. There should be a fixed period
to seek the approval.
Concerning the matter of seeking Pyidaungsu Hluttaw approval by the
President after promulgation of an ordinance to declare a state of emergency,
the following detailed basic principle should be adopted.
“6. The President from the date of the promulgation shall present the
measures taken in accord with the paragraphs 1 and 2 and the measures taken in
accord with the paragraphs 3 and 4:
“(a) to the nearest Pyidaungsu Hluttaw session within 60 days for
approval.
“(b) shall cause to convene a special session of the Pyidaungsu
Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a
session within 60 days.”
Mr Chairman,
The power to issue an ordinance is vested in the President in accord
with the rules. Rules must be written in accord with the nation’s
geographical and other situations. There shall be provisions stating the
period in which the ordinance must be submitted to the Pyidaungsu Hluttaw and
the period during which an ordinance is still in force. The ordinance after
having been passed by the Hluttaw will have force of a law enacted by the
Hluttaw. Such orders shall cease to have effect from the date on which they
are disapproved by the Pyithu Hluttaw.
Hence, the following detailed basic principle should be adopted.
“7. (a) If the Pyidaungsu Hluttaw session approves the submission of
the President concerning the matters prescribed in the paragraph 6, the
ordinance having the force of law shall be still in force till the fixed time
and date.
“(b) In addition to the approval, if the period of the ordinance is
extended, the ordinance having the force of law shall be still in force till
the extended time and date.
“(c) The ordinance shall cease to have effect from the date on which
it is disapproved by the Pyidaungsu Hluttaw session.”
Now, U Hla Soe of Minbu Township Constituency 2 will continue to present
paper.
Mr Chairman,
In certain cases, the nation may lose sovereignty because of insurgency,
unrest and terrorist acts it faces in a certain area or region or in the whole
nation. The worst is that the nation will fall under colonization due to the
loss of sovereignty and independence. Myanmar has faced such situations in
history. If such situation arises, the President must declare a state of
emergency in time. As it has already been explained, the President should
consult with the National Defence and Security Council, formed to advise the
President concerning national defence and security issues, in advance, rather
than doing it alone. He should issue an ordinance in declaring a state of
emergency. The promulgation of the ordinance should include the duration of
the ordinance that is in force in the entire nation.
As regards such situation, the following detailed basic principle should
be adopted.
“8. When there arises or there is sufficient reason to arise a state
of emergency that may cause disintegration of the Union, disintegration of
national solidarity and loss of national sovereignty, due to take over of
sovereign State power or attempts by wrongful forcible means such as
insurgency or violence, the President after consulting with the National
Defence and Security Council shall proclaim an ordinance and shall declare a
state of emergency. The proclamation shall stipulate that the area that the
ordinance is in force is the entire nation and that its duration is one year
from the date it is proclaimed.”
Mr Chairman,
In declaring a state of emergency, the President shall declare the
transfer of legislative, executive and judicial powers to the
Commander-in-Chief of the Defence Services to enable the latter to take
necessary measures in order to restore the nation to normalcy.
The Commander-in-Chief of the Defence Services will be empowered to
exercise all the powers and functions of the President, the Vice-President,
members of the Union Government, members of the governments of Regions and
States and the Self-Administered Areas beginning from the date the State power
is transferred to the Commander-in-Chief of the Defence Services
automatically. After the State power has been transferred to the
Commander-in-Chief of Defence Services with the approval of the National
Defence and Security Council, he will have the power to enact necessary laws
for the nation.
The period for the Commander-in-Chief of Defence Services to exercise
the State power is fixed at one year beginning from the date of the transfer.
If the national peace and stability is restored to normal during the one year,
the Commander-in-Chief of Defence Services will transfer the State power back
to the President who had entrusted the State power to him. If the term of the
respective Hluttaws is not ended yet when the Commander-in-Chief of Defence
Services transfers back the State power to the President, those Hluttaws
should carry out the legislative functions till the end of the term. But if
their term is ended, those Hluttaws are automatically dissolved. Hence, the
President should cease the power to enact laws of those Hluttaws at the time
when the President has empowered the Commander-in-Chief of Defence Services to
exercise the State power.
In our view, the following detailed basic principle should be adopted.
“9.(a) In declaring a state of emergency under paragraph 8, the
President shall declare the transfer of legislative, executive and judicial
powers to the Commander in-Chief to enable the latter to take necessary
measures in order to restore the nation to normalcy. It shall be deemed that
all the Hluttaws and leading bodies beginning from the date of declaration
shall cease all their legislative functions. It shall be also deemed that when
the term of the respective Hluttaws ended they are automatically dissolved.
(b) Notwithstanding anything contained in the Constitution, all the
members of the organizations and members of the leading bodies of the
Self-Administered Division or Self-Administered Zones, except from the
President and Vice President, assigned with the approval of the Hluttaws in
accord with the Constitution are terminated from their duties beginning from
the date the State power is transferred to the Commander-in-Chief."
Mr Chairman,
The Commander-in-Chief of the Defence Services who has been transferred
the State power will have to strive to restore State stability, community
peace and the rule of law back to normal. The Commander-in-Chief of the
Defence Services shall exercise the legislative power by himself or shall form
an organization with his own participation to exercise the legislative power.
He shall empower a suitable organization or a suitable person to exercise the
executive and judicial powers.
As regards the exercising of the legislative, executive and judicial
powers by the Commander-in-Chief of the Defence Services who has been
empowered to do so, we agree that the following detailed basic principle
should be adopted.
“10. The Commander-in-Chief of the Defence Services who has been
transferred the State power shall have the power to exercise the legislative,
executive and judicial powers. The Commander-in-Chief of the Defence Services
shall exercise the legislative power by himself or shall form an organization
with his own participation to exercise the legislative power. He shall empower
a suitable organization or a suitable person to exercise the executive and
judicial powers.”
Mr Chairman,
If the state of emergency declared by the government is not sufficient,
the President will have to empower the State power to the Commander-in-Chief
of the Defence Services. The Commander-in-Chief of the Defence Services, as he
is going to strive to the best of his ability to restore national peace and
stability and safeguard sovereignty can have the power to restrict a provision
or provisions concerning the fundamental rights of citizens. Only then will he
be able to end disturbances soonest and create a peaceful situation.
Concerning the restriction of fundamental rights of citizens during a
state of emergency, the following detailed basic principle should be adopted.
“11. The Commander-in-Chief of the Defence Services during the
declaration of a state of emergency shall restrict or terminate a provision or
more than one provision of the fundamental rights of citizens, as
necessary.”
Mr Chairman,
The acts of the President concerning the transfer of power to the
Commander-in-Chief of the Defence Services by him should be in accordance with
the Constitution, and the Commander-in-Chief of the Defence Services will have
to do his best for the accomplishment of his task in exercising the State
power during the fixed period in accordance with the Constitution. If there is
a firm reason that the matter cannot be accomplished in the specified time,
the period should be extended. A detailed basic principle should be laid down
to fix the length of time for each extension period.
The President should submit the matter concerning the empowerment of
State power to the Commander-in-Chief of the Defence Services at the
Pyidaungsu Hluttaw if it is in session and convene an emergency session of the
Pyidaungsu Hluttaw to present the matters if the Pyidaungsu Hluttaw is not in
session. For the matter concerning the extension of the period, he should
convene an emergency session to submit the matter to the Pyidaungsu Hluttaw.
But the approval of the Pyidaungsu Hluttaw it not enough. As it is a matter of
transferring the State power, it is assumed that it will be appropriate only
if the President submit a separate report concerning the matter.
Hence, concerning the report and extension of the period in transferring
the State power, the following detailed basic principles should be adopted.
“12. The President shall:
“(a) proclaim a state of emergency according to the paragraphs 8 and 9
and shall submit the matter concerning the transfer of State power to the
Commander-in-Chief of the Defence Services to the Pyidaungsu Hluttaw if the
Pyidaungsu Hluttaw is in session, and shall convene an emergency session if
the Pyidaungsu Hluttaw is not in session to submit the matter.
“(b) normally extend the period to six months at a time for two terms
if the Commander-in-Chief of the Defence Services presents a submission giving
reasonable fact to him to extend the period if the Commander-in-Chief of the
Defence Services has not yet accomplished his duties assigned to him.
Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be
called.”
U Thein Kyi of Taungdwingyi Township constituency 1 will continue to
present the paper.
Mr Chairman,
The Commander-in-Chief of the Defence Services after accomplishing the
functions assigned to him by the President should forward a report concerning
his accomplished tasks to the President. The President after receiving the
report will have to revoke the ordinance to transfer State power to the
Commander-in-Chief of the Defence Services. But the period in which the
Commander-in-Chief of the Defence Services presents the report will be in the
term of the Pyidaungsu Hluttaw or after the end of the term of the Pyidaungsu
Hluttaw. There should be the principles concerning the date to revoke the
ordinance it the term of the Pyidaungsu Hluttaw is not ended yet, and the date
to revoke it if the term of the Pyidaungsu Hluttaw is ended.
Concerning the matter the following detailed basic principle should be
adopted.
“13. The President shall, after receiving the report of the
Commander-in-Chief of the Defence Services concerning the completion of the
duties assigned to him, annul the order empowering the State power to the
Commander-in-Chief of the Defence Services in accord with the paragraph 9 on
the date of his submission after convening the Pyidaungsu Hluttaw if the term
of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from
the Commander-in-Chief of the Defence Services if the term of the Pyidaungsu
Hluttaw is ended.”
Mr Chairman,
All the ministers of the Union Government and members of the leading
bodies of Region and States and Self-Administered Division and
Self-Administered Zones, expect from the President and Vice-Presidents, are
terminated from their duties beginning from the date the State power is
transferred to the Commander-in-Chief of the Defence Services. It is required
to form new constitutional bodies.
When the Commander-in-Chief of the Defence Services submits the report
on his completion of the functions, the President shall annul the order
suspending legislative functions of all Hluttaws and leading bodies and should
invest in them the legislative functions, their original duty.
Hence, the following detailed basic principle should be adopted.
“14. The President shall, after receiving the report of the
Commander-in-Chief of the Defence Services in accord with the paragraph 13,
revoke the suspension of legislative functions of all the Hluttaws and leading
bodies if the term of the Hluttaw has not ended yet. The President shall
assign duties to the new Constitutional executive and judicial bodies in
accord with the Constitution. The bodies shall discharge duties only for the
remaining period of the term of the Hluttaw.”
Mr Chairman,
The Commander-in-Chief of the Defence Services in exercising the State
power will have to consult with the National Defence and Security Council to
achieve greater success in his functions. In addition to the President and the
Vice-President, the Speaker elected by the Pyidaungsu Hluttaw and the Speaker
elected by the Amyotha Hluttaw also should be members in the NDSC. Although
the terms of Hluttaws have ended, the President, the Vice-Presidents, the
Speaker elected by the Pyithu Hluttaw and the Speaker elected by the Amyotha
Hluttaw should stay in power till the new President, the new Vice-Presidents,
the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha
Hluttaw have been elected in accord with the Constitution.
“15. Even though the term of the Pyidaungsu Hluttaw has ended the
President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the
Speaker of the Amyotha Hluttaw shall remain in their positions till the new
President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and
the new Speaker of the Amyotha Hluttaw have been elected in accord with the
Constitution.”
Mr Chairman,
If the Commander-in-Chief of the Defence Services asks to extend the
period of martial law as he has not completed the functions yet after the end
of the Hluttaw term, the NDSC should give the green light. The NDSC should
normally extend the period to six months at a time for two terms if the
Commander-in-Chief of Defence Services presents a submission together with
reasonable ground to him to extend the period if the Commander-in-Chief of
Defence Services has not yet accomplished his task empowered to him.
We agree that the point:
“16. The National Defence and Security Council shall normally extend
the period to six months at a time for two terms if the Commander-in-Chief of
the Defence Services presents a reasonable submission to extend the period as
the Commander-in-Chief of the Defence Services has not yet accomplished his
duty assigned to him” should be adopted.
Mr Chairman,
If the Commander-in-Chief of the Defence Services submits the report on
completion of his functions to the NDSC, the NDSC should annul the order to
empower the Commander-in-Chief of the Defence Services to exercise State
power.
Thus, we approve that the point:
“17. In connection with the matter of transferring the State power to
the Commander-in-Chief of the Defence Services by the President after
declaring a state of emergency, the National Defence and Security Council
shall, after receiving the report on the completion of the functions of the
Commander-in-Chief of the Defence Services shall, declare to annul the order
empowering the Commander-in-Chief to exercise State power in accord with the
paragraph 9” should be adopted.
Mr Chairman,
The President after annulling the order to empower the
Commander-in-Chief of the Defence Services to exercise the State power will
have to hold a general election during the fixed period beginning from the
date he abrogates the order. A new President should be elected in accord with
the Constitution. The President should form the National Defence and Security
Council and should empower it to exercise the State power during the interim
period when the new President has not been elected yet. the NDSC should
empower a suitable organization or a suitable person to exercise the executive
and judicial powers at Union, Region, State, Self-Administered Division and
Self-Administered Zone levels during the interim period.
We agree that the following point should be adopted.
“18. The National Defence and Security Council shall:
“(a) exercise the legislative power, executive power and judicial
power before the Hluttaws are formed in accord with the Constitution
“(b) have the right to exercise the State power till the time a new
President has been elected and Union level organizations formed in accord with
the provisions contained in the Constitution. In so doing, the National
Defence and Security Council shall exercise the legislative power by itself.
The National Defence and Security Council shall empower a suitable
organization or a suitable person to exercise the executive and judicial
powers at Union, Region, State, Self-Administered Division and
Self-Administered Zone levels.”
Mr Chairman,
In exercising the State power, the NDSC should form administrative
bodies at different levels, leading bodies of Self-Administered Division and
Self-Administered Zones and the Pyidaungsu Election Commission with suitable
persons whose qualifications meet the stipulations contained in the
Constitution and assign duties.
We agree that the point:
“19. The National Defence and Security Council shall form the
constitutional administrative bodies at different levels, leading bodies of
Self-Administered Division and Self-Administered Zones and Union Election
Commission with suitable persons whose qualifications meet the stipulations
contained in the Constitution and assign duties to them” should be adopted.
Mr Chairman,
A general election should be held within six months beginning from the
date on which the order is annulled. The following detailed basic principle
should be adopted.
“20. The National Defence and Security Council shall hold a general
election in accord with the provisions of the Constitution within a period of
six months beginning from the date on which the order is annulled in accord
with the paragraph 17.”
Mr Chairman,
To run the State administrative machinery normally, the NDSC will form
the bodies included in the paragraph 19 and assign duties to them. They should
continue their functions till legislative, executive and judicial bodies have
been formed according to the Constitution after the election.
We agree to adopt the following detailed basic principle.
“21. The bodies formed according to the paragraph 19 shall continue to
carry out their functions till legislative, executive and judicial bodies have
been formed according to the Constitution after the general election.”
Mr Chairman,
The President will have to head the NDSC to exercise the State power
provisionally. As the Head of State is the President, the NDSC is exercising
the sovereign power of the State on behalf of the President.
Hence the following detailed basic principle should be adopted.
“22. The National Defence and Security Council shall exercise the
State power in the name of the President.”
Mr Chairman,
The NDSC while exercising the State power will have to form
administrative and judicial bodies. As they are serving the nation not in a
peaceful and stable environment, they can face many difficulties. As they will
have to do their duties at the risk to their lives, they should be protected
by the Constitution. During the period of the declaration of a state of
emergency or during the time the Commander-in-Chief of the Defence Services is
provisionally exercising the State power or during the time the NDSC is
provisionally exercising the State power, the measures taken by the military
bodies and civil administrative bodies and the military and civil personnel on
behalf of the President or the Commander-in-Chief or the NDSC should be
legitimate. Concerning the matter, we suggest to adopt the following detailed
basic principle.
“23. During the time a state of emergency has been declared, the
measures taken officially by a local administrative body or a member of the
body, or a civil body or a member of the body , or a military body or a member
of the body, formed in order to take measures to restore security, stability,
community peace and the rule of law soon on behalf of the President or during
the period the Commander-in-Chief of Defence Services is exercising the State
power or during the period the National Defence and Security Council is
exercising the State power, shall be legitimate. No legal action shall be
taken against them for those legitimate measures.”
Mr Chairman,
The para (8) states that the President after consulting with the NDSC
issues the ordinance to declare a state of emergency and subpara (a) of para 9
states that in declaring a state of emergency under paragraph 8, the President
shall declare the transfer of legislative, executive and judicial powers to
the Commander-in-Chief of the Defence Services to enable the latter to take
necessary measures in order torestore the nation to normalcy. Other detailed
basic principles also states the duties of the President in a state of
emergency. But there is no explanation concerning the persons who will
discharge those duties on behalf of the President, if the President cannot
discharge those duties as he is on a state visit to other nations, or on
health grounds or other reasons. In our view, there should be a detailed basic
principle concerning the person who will discharge the duties on behalf of the
President in such matters.
We would like to suggest the Work Committee Chairman to present the
matter concerning the person who will discharge the duties on behalf of the
President in such matters.
Mr Chairman,
The chapter on Provisions on a state of Emergency is an important and
significant chapter of the Constitution. No one wishes to face a state of
emergency, especially the ones caused by man as natural disasters are normally
unavoidable.
We can prevent a state of emergency if all make collective efforts with
conviction. The adopted detailed basic principles have permitted the freedom
of expression, publishing, and holding peaceful assemblies and processions in
accord with the fundamental rights of the citizens.
We should wisely realize our rights. Hence, the people should be imbued
with broader political outlook, high intellectual level, and correct vision.
Political parties where problems may originate should educate and organize the
people to have wider political knowledge. In addition, they should settle the
disagreements in the parliament and not in the streets. May the new peaceful,
modern and developed democratic be free from all kinds of state of
emergencies.With this we conclude our paper.
