The following is the presentation made at the Plenary Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township, Yangon Division, yesterday, by Member of National Convention Convening Work Committee Dr Tun Shin on clarification of the Chairman of the National Convention Convening Work Committee on detailed basic principles for the Chapter “Political Parties” to be included in drafting the State Constitution.
Mr Chairman and delegates,
Concerning political parties, a detailed basic principle “the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system” has already been adopted. In accord with the adopted detailed basic principle there should be a law to systematically establish political parties for flourishing of discipline flourishing genuine multiparty democracy system and emergence of political parties that will correctly lead the citizens. Only if the Constitution has the provisions, that are in accord with the political, security, economic and social conditions and traditions and customs of the nation, for political parties, can the respective laws that are enacted as necessary be observed.
It is necessary for the National Convention to lay down detailed basic principles in connection with political parties to be prescribed in the Constitution. Explanation will be made on the matter in three parts as mentioned in the following to assist the task of laying down the said detailed basic principles.
(a) Objectives;
(b) Procedures;
(c) No right to exist.
Mr Chairman,
The Union of Myanmar that has been under the rule of her own monarchs became a colony after three wars, the first one in 1824, the second in 1852, and the third in 1885, with the colonialists. The nation regained independence on 4 January 1948. But she faced many dangers of insurgency resulting from colonialist instigation. Hence, the Tatmadaw had to safeguard the nation. Every time the Union faced disintegration, the Tatmadaw had to safeguard it. Time and again, the Tatmadaw has safeguarded the nation.
The neo-colonialists begrudging the unity of the national races of the Union have been making attempts to break up the national unity and the Union through various means to make Myanmar their minion. All the citizens should always keep in the fore Our Three Main National Causes, with political awareness. It is also necessary for political parties to safeguard Our Three Main National Causes as a national duty.
Suggestions are to be made whether the point “Political parties set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty” should be adopted as a detailed basic principle or not.
Mr Chairman,
Even countries claiming themselves as firmly established democracies had to develop democracy stage by stage for many years in the past during which they had sacrificed lots of blood and sweat. We have witnessed some nations fall apart after a quick transition to practice discipline-flourishing genuine democracy without having any experience in it.
Every individual country will be able to fulfill the people’s wish only if it practices democracy that is in conformity with its history, social standard, traditions and culture and customs. It is necessary for the people to accept with conviction that the national cause is their concern. A nation where a majority of people having the conviction becomes more democratic. If there arise nation-wide internal problems they should be addressed and solved by the country concerned through her own ways and systems.
Mr Chairman,
We have found that in practicing a discipline flourishing genuine multiparty democracy, the essence of democracy depends on the citizens’ knowledge and understanding of the following factors:
(a) Public ability to fully understand the political essence;
(b) Public faculty to express their opinions and wishes;
(c) Untiring public interest in politics;
(d) Public ability to maintain and control their political belief without being deceived by others’ political propaganda and organization.
The political parties should have the capability to educate and organize their members and the public as they have relations with the people to take part in the elections en masse to express their opinions in accord with the above-mentioned views, have untiring interest in the politics, fully understand the essence of politics, and be free from being deceived by others’ political propaganda and organization. In addition, discipline flourishing genuine democracy will flourish in the nation only if there are parties that can maintain and realize their political aims.
Mr Chairman,
Now the political parties of some countries including Myanmar that practice parliamentary democracy will be dealt with. Some parties gradually
change into organizations giving priority to regional affairs or personal role rather than the cause of the entire nation.
Myanmar has already witnessed the weaknesses and loopholes of the parliamentary democracy when she practiced the system after regaining Independence. A study of those weaknesses and loopholes shows that they were the results of the lack of democracy experiences in history, the single party governance in real terms in the name of parliamentary democracy, the public intellectual progress that had not reached he level of defining and exercising the rights and duties of democracy with correct conviction, the political parties’ insufficient ability to train, educate and lead the people to exercise democracy rights with a sense of duty, and the lack of development in infrastructure that would help realize the essence of democracy more fully.
It is found that it is required to lay down detailed basic principles concerning the qualifications of political parties as necessary, after taking the experiences Myanmar had faced as lessons, for the flourishing of genuine multiparty democracy in the nation.
Mr Chairman,
A political party must abide by the Constitution and the existing laws in addition to accepting and exercising a genuine multiparty democracy system. Moreover, it must be legally registered.
Suggestion should be made whether to adopt the following detailed basic principle as a point to be observed by the political parties:
A political party shall:
(a) accept and practise discipline-flourishing genuine multiparty democracy.
(b) abide by the Constitution and the existing laws.
(c) be legally registered as a political party.
Mr Chairman,
A nation will develop only if it is headed by firm and systematically-established political parties.
As for the existence of such parties, appropriate principles should be adopted to the constitution, and the political parties should be formed systematically according to the provisions contained in the constitution without undermining the essence of multiparty democracy. A systematically formed political party can exist as a political party and carry out organizational work in the nation in accord with the law. In addition, it will have the permission to stand for elections held in the nation.
The delegates will have to suggest whether the following detailed basic principle should be laid down:
In accordance with the law, a political party shall have the right to:
(a) organize freely;
(b) to stand for elections.
Mr Chairman,
If a political party having to keep in the fore the interest of the nation and the people is declared as an unlawful organization in accord with the existing law, naturally, its existence should not be permitted.
It is opined that the continued existence of a political organization that has direct or indirect connections with an insurgent group launching an armed rebellion against the State, an organization or persons the State has designated as the ones committing terrorist acts or an organization the State has declared unlawful, should not be permitted as its acts will undermine Our Three Main National Causes.
Mr Chairman,
Political parties will accept and exercise in accord with Our Three Main National Causes and genuine multiparty democracy system. They will abide by the Constitution and the existing laws. In accord with the foreign policy prescribed in the Constitution, the nation will exercise independent and active non-aligned foreign policy.
A political party directly or indirectly receiving financial, material and other assistance from the government or a religious organization, or other organization or an individual person of a foreign country, will become an organization going against the policies practiced by the State. In this situation, the said political party should not be allowed to exist as a political party any more.
Mr Chairman,
According to the adopted basic principles and detailed basic principles, religion shall not be abused for political purpose. If a political party abuses religion for political purpose, its continued existence as a political party should not be permitted any more.
If the body having the authority to register political parities finds that a political party has infringed to any one of the provisions ensuring the rights of the existence of political parties, the party’s registration should be revoked.
Concerning the no right to exist of the political parties, the delegates will have to hold discussions to decide whether the following detailed basic principles should be laid down:
“1.The continued existence of a political partyshall not be permitted if :
(a) it has been declared as an unlawful association in accord with the existing law.
(b) it contacts or abets the insurgent group waging the armed rebellion against the State or the association or persons determined by the State to have committed terrorist acts or the association declared to be unlawful association directly or indirectly.
(c) it directly or indirectly receives financial, material and other assistance from the government or a religious association, or any other association or an individual person of a foreign country.
(d) it abuses religion for political purpose.
2. If the body having the authority to register political parties finds that a political party is connected with anyone of the points stated in the above-mentioned sub-paragraphs (a), (b), (c) or (d), the party’s registration shall be revoked.
Mr Chairman,
Political parties have the duty to serve the interest of the nation and the people resolutely. They should be the organizations capable of heading towards flourishing of discipline-flourishing genuine multiparty democracy in the entire Union and in the respective Regions and States in accord with the nation’s political, security, economic and social conditions and traditions and customs. It is opined that the Pyidaungsu Hluttaw should enact necessary laws for the political parties to prevent deviation when they carry out the leadership role.
Suggestions are to be made whether the following detailed principle should be laid down:
“The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.”
Mr Chairman,
Now, a collection of detailed basic principles concerning the Chapter “Political Parties” will be presented as follows:
1. Political parties set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.
2. A political party shall:
(a) accept and practice discipline-flourishing genuine multiparty democracy.
(b) abide by the Constitution and the existing laws.
(c) be legally registered as a political party.
3. In accord with the law, a political party shall have the right to :
(a) organize freely;
(b) to stand for the elections.
1. The continued existence of a political party shall not be permitted if —
(a) it has been declared as an unlawful organization in accord with the existing law;
(b)it makes connections with or provides support and assistance to insurgent groups waging an armed rebellion against the State, organizations or persons the State has announced as the ones committing terrorist acts or organizations the State has declared unlawful;
(c)it directly or indirectly receives financial, material and other assistance from the government or a religious organization, or any other organization or an individual person of a foreign country;
(d) it abuses religion for political purpose.
2. If the body having the authority to register political parities finds that a political party is connected with any one of the points stated in the above-mentioned subparagraphs (a), (b), (c) or (d), the party’s registration shall be revoked.
6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.
Mr Chairman and delegates,
It is requested that the delegates to present their suggestions concerning the detailed basic principles on the Chapter “Political Parties” and other proposals if any. With this I conclude.