The following is the proposals of Lahu National Development Party presented by U Kya Shi of the party 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 held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 28-11-2006.
I wish you the esteemed Chairman and members of the Panel of Chairmen, the Chairman of National Convention Convening Commission and members, the Chairman of National Convention Convening Work Committee and members, the Chairman of National Convention Convening Management Committee and members and National Convention delegates to be blessed with health and happiness and auspiciousness. I am U Kya Shi, a National Convention delegate of Lahu National Development Party. I will now discuss the chapter “Election” explained by the Chairman of National Convention Convening Work Committee.
Mr Chairman,
The Work Committee Chairman explained the detailed basic principles for the chapter at the plenary session of the National Convention held on 30 October 2006. They are in conformity with the stipulations stated in the constitutions of world nations and 1947 Constitution and 1974 Constitution. Hence, we find that the following points should be adopted as detailed basic principles for the chapter.
“Every citizen who has turned 18 on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.”
“Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for a Hluttaw each at a constituency.
“In addition, people of national races concerned who are eligible to vote in accordance with the provisions of the State Constitution shall have the right to vote in electing representatives of national races to the Region or State Hluttaw concerned.”
“Ballot shall be exercised.”
“The following persons shall have no right to vote—
a) members of the Religious Order;
b) persons serving prison terms;
c) persons adjudged to be of unsound mind as provided for in the relevant law;
d) persons who have not yet been cleared from being declared destitute; and
e) persons who are banned from voting under the election law.”
“At an election, a candidate—
a) shall be elected to one Hluttaw only.
b) shall stand for election at one constituency only.”
“(a) Electorate living in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the Amyotha Hluttaw only.
(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a Union territory shall no longer stand as a Hluttaw member”
“Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw”
Mr Chairman,
The Work Committee Chairman presented in detail the matter concerning the recall of an MP, citing the respective sections and articles of the 1947 Constitution and 1974 Constitution as examples. Hence the para 6 and sub-paras (a) to (e) should be adopted. The point “The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall” is also appropriate.
Now I will discuss the formation of the Pyidaungsu Election Commission. The National Convention laid down a fundamental principle to enact necessary laws for the formation of political parties for the flourishing of genuine discipline-flourishing democracy. There should be a body to realize the law concerning the parties. Hence the Pyidaungsu Election Commission should be formed. Concerning the matter, the Work Committee Chairman made a thorough explanation which includes 1947 Constitution and 1974 Constitution and the constitutions of some nations. Hence, the paras 8 (a) and (b) and 9 (a) to (h) should be adopted. The point “If the President has to blame or charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accord with the provision prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court Judges.” is comprehensive enough to be adopted.
Mr Chairman,
The chairman and members of the commission should be permitted to resign from it due to health grounds or other reasons. The points “If the chairman or a member of the Pyidaungsu Election Commission in service wishes to resign from his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.” “If the seat of the chairman or a member of the Pyidaungsu Election Commission is vacant due to resignation, termination of responsibilities, death, or any of other reasons, the President may appoint a new chairman or a member of the Pyidaungsu Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.” and “If the chairman or a member of the Pyidaungsu Election Commission is a government employee, he shall be deemed to have resigned from civil service in accord with the existing civil service rules and regulations from the date he is appointed as the chairman or a member of the Pyidaungsu Election Commission.” should be adopted as the detailed basic principles.
Mr Chairman,
We would like to suggest that the following point should be adopted:
“The Pyidaungsu Election Commission’s action and measures over the following matters shall be final:
a. electoral procedures;
b. appeals and amendments on electoral benches’ decisions and orders;
c. matters taken under political party law.”
We also agree to the points “Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.” and “The role of the chairman of the Pyidaungsu Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws.”
Disputes may arise in future if there is no explanation about the stay of national people who went abroad for further study under the permission of the government, on business or on personal affairs. Now, the nation has launched the market-oriented economic system. Therefore, many nationals are staying in foreign countries on duty with the permission of the government, or on business, or on personal affairs. Such stay in foreign countries should be deemed to have settled in the Union.
We would like to suggest that expression “the period of staying in foreign countries under State permission should be deemed to have settled in the Union” should be added to the point “having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected as Pyithu Hluttaw representative”.
Mr Chairman,
I will now discuss the detailed basic principles for the chapter “Political Parties”. The National Convention has already adopted the fundamental principle “the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system”. 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. 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 neocolonialists 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.
Hence, 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.
Mr Chairman,
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. 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.
Hence, the following point should be adopted:
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.
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.
We suggest that the following detailed basic principle should be adopted:
In accordance with the law, a political party shall have the right to:
(a) organize freely;
(b) to stand for elections.
In addition, the following point should be adopted as detailed basic principle:
“1. The continued existence of a political party shall 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 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 differences when they carry out the leadership role.
Hence the point “The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.” should be adopted.
Mr Chairman,
I will now present the chapter on the “Provisions on State of Emergency”. 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, economic failures and the President’s assumption that a grave situation is endangering the security of the entire nation or any part of the nation. The President should declare a state of emergency only after making consultation with the National Defence and Security Council. It will be more effective if the President declares a state of emergency only after issuing an ordinance having the force of law.
The clarification of the Work Committee Chairman concerning the declaration of a state of emergency if 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 is reasonable and comprehensive to be adopted as detailed basic principles.
Mr Chairman,
The President will have to exercise the executive power to restore the administrative machinery back to normal when the community peace and the rule of law are in a state of deterioration. If the President entrust the power to suitable persons, the administrative machinery will run as normal.
The points concerning the declaration of a state of emergency by the President 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 in conformity with the constitutions of some other nations and the national conditions should be adopted.
Mr Chairman,
Martial law should be declared, if the measures being taken by the local administrative and civil bodies with the help of the Tatmadaw are ineffective and the danger is not dying down as it should be. It is believed that the detailed basic principle concerning the declaration of martial law is appropriate.
In our view, matters in connection with the taking of Tatmadaw’s declaration, the issuance of martial law if necessary, the declaration of ordinance having the force of law in declaring a state of emergency, the area covered by the ordinance and the duration of ordinance, the restriction and revocation of the fundamental rights of citizens if necessary, and the submission of the ordinance to the Pyidaungsu Hluttaw for approval are in conformity with the future situation of the nation as they are extracted from 1947 Constitution and 1974 Constitution, and constitutions of world nations. In our view detailed basic principles concerning the matters should be adopted.
Mr Chairman,
The National Convention has already adopted the detailed basic principles saying that the ordinance will cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw; and that the ordinance will be in force till the end of a required period.
Hence we agree to the points concerning the duration, termination and cessation of the ordinance, measures to be taken in cause of the occurrence of attempts to grab State power through unrest, violence and insurgency, and the declaration of a state of emergency in a situation the nation is going to lose independence and sovereignty.
The President should transfer the State power to the Commander-in-Chief to save sovereignty in time. By doing so, unrest and terrorism can be crushed in time, peace and stability can be restored and loss of independence and sovereignty can be prevented. Hence, the detailed basic principles concerning the transfer of State power to the Commander-in-Chief after declaring a state of emergency are appropriate.
Mr Chairman,
In Myanmar history, every time Myanmar faced disintegration and loss of independence, the Tatmadaw stood by the people and assumed the State duties. Hence the National Convention has already adopted a fundamental principle, saying, “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 or 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.” the points concerning the empowerment of the legislative, executive and judicial powers to the Commander-in-Chief after transferring the State power to him are appropriate. The point “The Commander-in-Chief of Defence Services during the declaration of a state of emergence shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary—should be adopted as a detailed basic principle.
Mr Chairman,
We find that the points explained by the Work Committee Chairman on 31 October 2006 concerning the chapter on the Provisions on a State of Emergency are in conformity with the 1947 and 1974 constitutions of Myanmar, constitutions of some world nations and the country’s situation. Hence we agree that all the 23 points of the chapter should be adopted.