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Executive structure and essence of the future State (1)
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With respect to the distribution of State sovereignty, the National convention has laid down detailed basic principles to be included in the State Constitution. One of them says “The branches of State power, namely legislative power, executive power and judicial power are separated as much as possible and exert reciprocal control, check and balance among themselves”. The scope of the executive power of a nation is very wide. A nation has to carry out functions on executive power daily. It can be found that the executive power thoroughly covers all the daily routines of the people. Regarding the executive, the National Convention has laid down a detailed basic principle “The Executive Head of the State is the President of the Union. State Legislative Power is vested in the Pyidaungsu, Regions and States. Autonomous power is vested in self-administered areas government as prescribed by the State Constitution”. |
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According to the detailed basic principles the National Convention has laid down, the executive structure is: - Union government, - Region government, - State government, - Self-administered division leading body, - Self-administered zone leading bodies, - Union territories administrative bodies, - District administrative bodies, - Township administrative bodies, - Ward or village-tract administrative bodies. Moreover, the National Convention has created more rights, benefits, and the rights of practising democracy for the national races. According to the future State’s executive structure that will come into existence under principles the National Convention has laid down, there will be one Union government at the central level. And there will be seven state governments in seven states, one self-administered division leading body, and five self-administered zone leading bodies for national races. And there will be seven region governments in the seven regions, and there will be an administrative council that is assigned duties for Cocogyun Union territory. So, the forthcoming State Constitution will guarantee more administrative rights, benefits and democracy practice than the 1947 Constitution and the 1974 Constitution. Then, national races will have the rights to practice executive power more democratically and broadly. So, they will be able to carry out tasks more willingly and effectively for the development of their regions and states. If you take a glance at the structure of the future State, you’ll see that the Pyithu Hluttaw, the Amyotha Hluttaw and the Pyidaungsu Hluttaw at the central level will enact necessary laws in the interests of the entire nation and the people. The Union governing body will take administrative functions in accordance with the laws for the development of the entire nation and the people. Like that, in the regions and states, Region Hluttaws and State Hluttaws will enact necessary laws regarding matters bestowed by the legislative list to serve the interests of respective regions or states. Region governments and state governments will have to take measures in accordance with the laws for the development of respective regions and states. |
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There are some basic principles “The State is constituted by Pyidaungsu (Union ) system”, “Present seven divisions are delineated as seven Regions and present seven states as seven States”, “Regions and States are of equal status and authority”, and “Seven Regions and seven States are called as known”. Alphabetically, the seven Regions and seven States that will be according to the executive structure of the future State are: |
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- Kachin State Government, - Kayah State Government, - Kayin State Government, - Chin State Government, - Sagaing Region Government, - Taninthayi Region Government, - Bago Region Government, - Magway Region Government, - Mandalay Region Government, - Mon State Government, - Rakhine State Government, - Yangon Region Government, - Shan State Government, and - Ayeyawady Region Government. There are also administrative steps prescribed to shape the executive structure and to ensure the development of regions and states, to contribute towards the development of the entire nation through the development of regions and states. |
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It’s the formation of Union territories. We’ve already discussed that in the structure and essence of the State. It means the areas that have salient points regarding State defence, security, administration, and economy are formed into Union territories under the direct administration of the President of the Union. As a result, defence and security measures can be taken more effectively. And effective steps can be taken for economic development, the development of regions and states, and then for the development of the entire nation and people. In this regard, a basic principle has been adopted that “If the need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws”. According to the basic principles and detailed basic principles that have been laid down, apart from the Union, Regions and States and self-administered areas, the State executive structure will cover- (1) Yangon City Union Territory, and (2) Cocogyun Township Union Territory. These Union territories will be under the direct administration of the President of the Union. The President of the Union will form an administrative body to administer these territories on his behalf. According to the basic principles, the Union President will form Yangon City Council, and the council will have to administer Yangon City Union Territory and Cocogyun Township Union Territory. In addition, there is another administrative plan that contributes towards the interests of ethnic minorities. It’s the plan to delineate self administered division, and self-administered zones for the ethnic minorities. According to the plan, apart from Union, Regions and States and Union territories, there will be: - Kokang Self-Administered Zone, - Danu Self-Administered Zone, - Naga Self-Administered Zone, - Palaung Self-Administered Zone, - Pa-O Self-Administered Zone, and - Wa Self-Administered Division. The essence of self-administered dividion and self-administered zones is different from other constitutions. In self-administered division or self-administered zones that will come into being under the formation of the future State, there will not be separate Hluttaws that will practise legislative power, and Hluttaws that will practise executive power, unlike the Union, Regions or States. There will be a single self-administered division or self-administered zone leading body. That leading body will have to exercise both legislative power and executive power. In consequence, local national races will be able to create op port unities for speedy development of their regions and states. That is salient executive structure for self-administered division and self-administered zones, and it will bring essence of democracy that guarantees full rights. That represents legislative and executive structure and essence that are created in accordance with prevailing conditions by the National Convention for ethnic minorities. It is due to the essence of the rights to separately exercise legislative power and democratic transition that national races have never enjoyed. In reality, such measures fundamentally laid down in the interests of minority ethnic groups are very rare in the majority of the nations. |
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