Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung and Members of the National Convention Convening Work Committee read out the clarification on laying down detailed basic principles for Chapter “Provisions on State of Emergency” in drafting the State Constitution made by the Chairman of the National Convention Convening Work Committee at the Plenary Session of the National Convention held 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, UnionKayin 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-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 SpecialRegion Group, Nyeinchanyay Myothit Group from Hpaan 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.

NCCC Chairman Secretary-1 Lt-Gen Thein Sein presided over the Plenary Session of National Convention and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies. The MC declared the start of meeting as 1,072 out of 1,081 delegates were in attendance, accounting for 99.17 per cent, and the plenary session commenced with the permission of the meeting chairman.

First, NCCWC Member U Tun Tun Oo read out theclarification made by the Chairman of the NCCWC on laying down detailed basic principles for the Chapter “Provisions on State of Emergency” in drafting the State Constitution.

Next, Member of NCCWC Brig-Gen Mya Win presented clarification made by the Chairman of the NCCWC on laying down detailed basic principles for the Chapter “Provisions on State of Emergency” in drafting the State Constitution. The Plenary Session took a break.

The following is the presentation made at the Plenary Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township, Yangon Division, today, by Members of National Convention Convening Work Committee U Tun Tun Oo and Brig-Gen Mya Win on clarification of the Chairman of the National Convention Convening Work Committee on detailed basic principles for the Chapter “Provision on State of Emergency” to be included in drafting the State Constitution.

Mr Chairman and delegates,

The National Convention has already laid down a separate Chapter heading “Provisions State of Emergency”. Clarification will be made the National Convention Convening Work Committee’s study of the matters in connection with the Chapter.

The National Convention has already adopted the following detailed basic principles concerning the Chapter.

“(a) When there arises a state of emergency characterized by inability to perform executive functions in accord with provisions of the State Constitution in a region or state or a self-administered area, the President of the State is empowered to exercise executive power in that region, state or self-administered area and if necessary in doing so, the President of the State is empowered to exercise legislative powers concerning that region, state or self-administered area in accord with provisions of the State Constitution;

“(b)when there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a region, a state or a self-administered area, the Tatmadaw has the right, in accord with provisions of the State Constitution, to preempt that danger and provide protection;

“(c) when there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power of attempts therefore by wrongful forcible means such as insurgency or violence, the Defence Services Commander-in-Chief has the right to take over and exercise State power in accord with provisions of the State Constitution.”

Mr Chairman,

Clarification will be made on the study of the Work Committee for the National Convention to lay down detailed basic principles concerning the declaration of the state of emergency and the empowerment of the authority to declare martial law as necessary when the state of emergency has been declared.

A state of emergency occurs 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 worsening political and economic situation and a natural calamity such as the storm, flood, fire and earthquake. 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.

The constitutions of a large number of nations prescribe that it is necessary for the Head of State after declaring a state of emergency to present the measures taken by him and by the organizations and persons he has empowered to exercise executive power during the emergency period to the parliament concerned for approval, and that a state of emergency can be declared only for a specific period.

Mr Chairman,

Presentation will be made on the provisions of the 1947 Constitution and the 1974 Constitution concerning the matter. The sub-sections 1 and 3 of section 94 of the 1947 Constitution prescribed, “94.(1) Notwithstanding anything in section 92, the Parliament shall, if the President has declared by Proclamation (in this Constitution referred to as a “Proclamation of Emergency”), that a grave emergency exists whereby the security of the Union is threatened, whether by war or internal disturbance, or that a grave economic emergency affecting the Union has arisen in any part of the Union, have power to make laws for a State or any part thereof with respect to any of the matters enumerated in the State Legislative List.

“(3) A Proclamation of Emergency:

“(a) may be revoked by a subsequent Proclamation, and

“(b) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Chambers of Parliament:

“Provided that, if and so often as a resolution approving the continuance in force of such a Proclamation, the Proclamation shall, unless revoked, continue in the force for a further period of twelve months from the date on which under this sub-section it would otherwise have ceased to operate.”

In the 1974 Constitution, the Article 76 prescribed, “The Council of State may declare a state of emergency and promulgate martial law in specified areas or in the entire State, if an emergency affecting the defence and security of the State should arise. It may order mobilization in certain areas or in the entire State. Such measures shall be submitted for approval to the nearest session of the Pyithu Hluttaw.” According to the provision, the power to declare a state of emergency is entrusted with the State Council, but not with the President.

Mr Chairman,

After studying the 1947 Constitution and the constitutions of some nations, it is found that the power to declare a state of emergency is vested in the President. But the power is not totally and independently vested in the President. The President has to submit the measures he has taken to the legislative bodies for approval.

The study also shows that a state of emergency can be declared because of war, foreign invasion, armed insurgency, natural disasters, economy and the President’s assumption that a grave situation is endangering the security of the entire nation or any part of the nation. If a proclamation on a state of emergency is issued, the parliamentary approval must be sought for the proclamation before the end of the prescribed period. It will cease to operate at the expiration of the prescribed period, unless it has been approved by resolutions of Parliament before the expiration of that period.

In the constitutions of some nations, the provisions for the Chapter has been prescribed in accord with their situation and geographical conditions. It is required to include provisions that are in conformity with our nation in declaring a state of emergency.

According to the detailed basic principles adopted by the National Convention, Regions and States and Self-Administered Areas will be designated and set up. The legislative, executive and judicial powers will also be shared with the Regions and States and Self-Administered Areas. In sharing the three powers, the constant running of the State administrative machinery is of vital importance. The administrative machinery will become ineffective because of the deficiencies and weaknesses of the administrative bodies or because of the unscrupulous persons trying to make gains out of those weaknesses.

The administrative machinery’s failure to run in a normal situation is an ominous sign for the rule of law and community peace. In this situation, it is necessary for the President to declare a state of emergency to restore the situation in time. The act of declaring a state of emergency in an area is a very important task that needs extra care. The matter should not be decided by a single person. Failure to declare a state of emergency in time will lead the problem to spread to other areas till it becomes out of control. If necessary issuance of the declaration is delayed because of a heedless decision

will harm the political, economic an social stability of the State. Hence, it will be more beneficial to the State if the President issued the declaration only after making due consideration with an organization or a person responsible for the nation’s defence and security. The fact that the President should issue the declaration only after making coordination with the National Defence and Security formed under the Constitution should be included in the detailed basic principles. It will be more effective if the President after making cooperation in advance issue an order, having the force of law, to declare a state of emergency.

As regards the declaration of a state of emergency, discussions are to be held and suggestions to be made whether the following detailed basic principle should be laid down or not for the situation during which the administrative functions cannot run in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area:

“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 order 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. Only then will the administration machinery be able to run normally.

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. The President should exercise the legislative power of the area which is in a state of emergency. But it should be the legislative power that concerns only the executive functions. In this matter, we assume that the President should not entrust a suitable person or an organization with the legislative power. It will be more appropriate if the President exercises the legislative power that can be exercised only by the Hluttaw of the respective areas as the Hluttaw is the legislative body.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not. The said detailed basic is concerned with the exercising of the executive power and the legislative power in the areas where a state of emergency has been declared.

“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,

It has been already explained the declaration of a state of emergency by the President and the measures he will have to take when a Region or State or a Self- Administered Area is not able to carry out its administrative functions in accord with the Constitution. Sometimes a threat endangering public lives and property may occur in addition to a halt in the administrative machinery.

The ineffectiveness of the administrative machinery can be the result of the weaknesses and failures of the persons and bodies of the executive sector. But the occurrence of a situation that will harm public lives and property is the result of the outside instigations. In accord with the saying, which goes, “The predator is happy when the forest is on fire”, looters taking advantage of the situation may harm public lives and plunder of their property just for self-interest. Failure to halt and restore the situation will jeopardize security and stability of the State, community peace and the rule of law.

It will surely be necessary for the President to declare a state of emergency to restore the situation. As it has been explained in the above paragraphs, he should consult with the National Defence and Security Council in advance. What is important here is to protect public lives and property and restore regional stability, community peace and the rule of law. Only then will the respective regions enjoy security and economic stability and peace.

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, there can be a delay in protecting public lives and property because of the delay in declaring a state of emergency in time. The NDSC members may be absent from the meeting due to health and other reasons.

In such situation, the President 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.

If there arises a situation endangering public lives and property in a Region or a State, or a Self-Administered Area or in any part of them, the President will have to declare a state of emergency. Concerning the matter, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“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 order 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 Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”

Mr Chairman,

If the situation arising from the ineffectiveness of the administrative machinery of an area is beyond the capacity of an organization or a person to restore stability and the administrative machinery back to normal, and when another situation arises to endanger public lives and property, local administrative organizations and civil organizations will be unable to control it. Moreover there will be disturbances against the functions of those organizations. In those circumstances, the local administrative bodies and civil bodies of the respective areas will surely need the Tatmadaw’s assistance to safely discharge their administrative and judicial duties well. There are many examples in which a nation has to take the assistance of the Armed Forces in a state of emergency. It is our view that there should be a detailed basic principle to take Tatmadaw’s assistance. 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. Only then will the administrative bodies of the martial law be able to discharge their duties well.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle to take Tatmadaw’s assistance and to issue martial law when necessary in an area in a state of emergency should be adopted or not.

“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) issue martial law order. 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,

Now, explanation will be made on the decrees necessary for the President to declare a state of emergency and to transfer the State power to the Commander-in-Chief of Defence Services. In some nations, they proclaim a state of emergency when and if necessary. In other countries they issue the emergency ordinance having the force of the law. In the 1947 Constitution, irrevocable order was issued in declaring a state of emergency. In certain countries, the provisions are made concerning the matter in accord with their situation.

A detailed basic principle “Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during the intervals between sessions of the Pyidaungsu Hluttaw” has been adopted for the matter concerning powers and functions of the President in the Chapter “Sharing of the Executive Power. According to it, the President in declaring a state of emergency or issuing martial law order he should issue an ordinance in line with the powers and functions vested in him so that it will be in conformity with the above-mentioned detailed basic principle. But the state of emergency should be only for the specific area and should include a specific period. There can be a situation in which administrative and judicial functions are being carried out with Tatmadaw’s assistance and care. In other places that are not inclusive in a state of emergency, civil administrative bodies and civil bodies should carry out the executive and judicial functions. 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. It will be difficult to differentiate between the good and the bad during the time efforts are being made to restore stability, regional peace and the rule of law because of the unrest ruled by anarchy. Hence, a provision or more than one provision should be restricted during the time. For example, a restriction should be made against civil unrest, assembling and procession. Verbal or written orders should be issued to forbid the right of expression if necessary to avoid occurrence of disturbances.

Concerning the issuance of an ordinance having the force of law by the President, the specification of the inclusive area and duration, restriction of or cessation of the fundamental rights of Citizens, discussion are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

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,

The President has to issue an ordinance to declare a state of emergency or a martial law order in accord with the emergency need of the nation while the Pyidaungsu Hluttaw is not in session. It is necessary for the President to submit the ordinance to the Pyidaungsu Hluttaw for approval. Only then will it be in conformity with the detailed basic principles concerning the powers and functions of the President on the Chapter “Sharing of the Executive Power”. 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.

Concerning the matter, the sub-sections (1) and (2) of section 110 of the 1947 Constitution stated, “ (1) If at any time when both Chambers of Parliament are not in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. An Ordinance promulgated under this section shall have the same force and effect as an Act of the Parliament assented to by the President. (2) Every such Ordinance shall be laid before both Chambers of Parliament within forty-five days from the date of promulgation thereof, unless it shall have been withdrawn earlier by the President, and shall cease to operate at the expiration of fifteen days from the reassembly of the Chamber of Deputies or the Chamber of Nationalities, whichever is later:

Provided that the President may, with the consent of both Chambers of Parliament, extend the Ordinance for such further period as may be deemed necessary.”

The article 74 of the 1974 Constitution also prescribed, “The Council of State may make, if necessary, ordinances having the force of law, on matters other than those prescribed in Article 47, during the interval between sessions of the Pyithu Hluttaw. Such orders shall be submitted for approval to the nearest session of the Pyithu Hluttaw held within 90 days. If no session of the Pyithu Hluttaw is due within 90 days after the promulgation of such orders, an emergency session of the Pyithu Hluttaw shall be convened and approval obtained. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.”

The sub-paragraph (b) of the paragraph 11 on the “Powers and Functions of the President” prescribes, “(b) If the President has not withdrawn the ordinance issued under sub-paragraph (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.”

Concerning the matter of seeking Pyidaungsu Hluttaw approval by the President after promulgation of an ordinance to declare a state of emergency, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“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,

In declaring a state of emergency, an ordinance shall be issued when there is a need to take immediate action for the State.

As the President promulgates the ordinance for immediate action for the State concerning a state of emergency, he should present it to the nearest session of the Pyidaungsu Hluttaw within the fixed time. 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.

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. Hence a detailed basic principle should be laid down concerning the ordinance issued by the President to be in force with the approval of the Pyidaungsu Hluttaw till the required date and the ordinance that will cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

` The sub-paragraphs (c) and (d) of the paragraph 11 on the Powers and Functions of the President prescribe, “(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.” and “(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.” The detailed basic principle must be in accord with the aforesaid subparas that have already been adopted.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“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.”

Mr Chairman,

The matters that have been explained in the above paragraphs concern the situation that can be put under control after the declaration of a state of emergency. 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. And because of the insurgency, unrest and terrorist acts, the nation may face the danger of disintegration and disunity in which the nation totally lacks solidarity under an unruly situation.

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.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“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.”

When the Plenary Session resumed at 9.55 am, Chairman of NCCWC Chief Justice U Aung Toe clarified matters on laying down detailed basic principles for the Chapter “Provisions on State of Emergency” in drafting the State Constitution. Next, Vice-Chairman of NCCWC Attorney-General U Aye Maung presented clarification made by the Chairman on laying down detailed basic principles for the Chapter “Provisions on State of Emergency” in drafting the State Constitution. The Plenary Session went into recess at 11 am.

The Plenary Session will continue on 10 November at 9 am.