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Detailed basic principle for the Chapters "Election" " Political Parties "Provision" for drafting the State Constitution ( 28-11-2006 )

The following is the proposals of Union Kayin League presented by U Saw San Shwe of the league 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 Saw San Shwe, a National Convention delegate of Union Kayin National League.

Mr Chairman,

The chapter “Election” is included in the 15 chapters adopted by the National Convention to write a new constitution. The fundamental principles concerning the chapter are as follows:

(a) Every citizen shall have the right to vote and to stand for election according to law.

(b) Voters concerned shall have the right, in accord with provisions of the State Constitution, to recall elected people’s representatives. The sphere of these basic principles is quite wide. Concerning the points the Chairman of the National Convention Convening Work Committee referred to the 1947 Constitution, 1974 Constitution, 1948 Parliamentary Democracy Election Act, 1975 Pyithu Hluttaw Act, 1935 Myanmar Administrative Act, 1961 Election Act, the Act to amend the constitution in explaining the detailed basic principles concerning the chapter.

Mr Chairman,

The Work Committee Chairman has explained in detail the matters concerning the persons who have the right to vote and have no right to vote and the voting system; the right to stand for election and the right to recall elected representatives; the formation of the Pyidaungsu Election Commission, its duties and the qualifications of its members; the matter concerning the filing of charges against a member of the commission; the appointment of duties for a post vacant due to termination of duties, death or other reasons; and the resolutions of the commission, functions, responsibilities, powers, rights and designation of official position. When we studied them we have come to understand the fact the nation will be able to hold a free and fair election in the future.

We agree that the 14 points concerning the chapter should be adopted as detailed basic principles.

Mr Chairman,

The Work Committee Chairman recounted the required qualifications of the MPs in clarifying the detailed basic principles for the chapters concerning the formation of the legislature, executive and judiciary at the plenary session of the National Convention held from 28 to 30 March 1996.

We would like to suggest that the expression “Provided that 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,

The Work Committee Chairman explained that the fundamental principle “The State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system” has already been laid down.

In his explanation, the Chairman said, “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,

Myanmar has already witnessed the weaknesses and loopholes of the parliamentary democracy when she practised the system after regaining Independence. The public’s wishes will be fulfilled only if the nation practises democracy that is suitable to her history, social level, economic condition, and customs.

The clarification of the Work Committee Chairman includes matters relating to the flourishing of disciplined multiparty democracy, the emergence of political parties that can correctly lead the people, the systematic formation of political parties, the political, economic, security and social conditions of the nation and the traditions and the emergence of a modern and all-round developed nation. The matters stated in the clarification will surely benefit the future nation. Hence, the six points explained by the Work Committee Chairman should be adopted as detailed basic principles for the chapter “Political Parties”.

Mr Chairman,

Among the chapters adopted for the formulation of the Constitution, the Provisions on a State of Emergency has been adopted as a separate chapter. The Work Committee Chairman in presenting his study of the required fact explained the following fundamental principles:

“(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 or attempts through 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.”

A state of emergency occurs in a nation when 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 a 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. 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. The President should declare a state of emergency after consulting with the National Defence and Security Council in advance. It will be more effective if the President issues an ordinance having the force of the law to declare a state of emergency.

Mr Chairman,

The Work Committee Chairman made references to the 1947 Constitution and the 1974 Constitution in presenting the detailed basic principles for the chapter “Provisions on a State of Emergency”. As we find the detailed basic principles comprehensive and to be in order, we have no further suggestions concerning them. We would like to suggest that the 23 points should be adopted as detailed basic principles of the chapter.

The following is the proposals of Kokang Democracy and Unity Party presented by U Yan Kyint Kan 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 extend my greetings to Mr Chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee and National Convention delegates. I am representative U Yan Kyint Kan of the Kokang Democracy and Unity Party.

Mr Chairman,

The writing of a State constitution in the drive for transforming the nation into a democratic one with flourishing democracy should focus on the interests of the nation and the people. In that regard, the delegates have held discussions and made positive suggestions for adopting detailed basic principles. Now, the adoption of the detailed basic principles is nearing completion.

We have listened to the findings of the Work Committee for enabling the delegates to continue to give advice and make suggestions for the remaining chapters. We found that all the points the Work Committee chairman presented are positive and practical and are in conformity with the political, security, economic and social sectors and customs of our nation.

Mr Chairman,

We would like to present our views about the findings of the Work Committee for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency”. The points for the Chapter “Election”—

1, include the right to vote and to stand for election in accordance with the law,

2. represent the democratic election system,

3. prescribe principles of election,

4. includes principles to recall a Hluttaw member due to his disqualification,

5. manifest the formation of the Pyidaungsu Election Commission, functions, power and privileges of the chairman and members of the commission.

We considered that the points the Work Committee chairman explained are consistent with the State constitution. So, we would like to suggest that these points be adopted as detailed basic principles.

Mr Chairman,

We would like to present our views about the Chapter “Political Parties”. The State has adopted a basic principle that necessary laws should be promulgated to form political parties systematically for the flourishing of genuine multi-party democracy system in the nation. That basic principle demonstrates the role of the political parties in the administrative machinery of the future nation. The Work Committee chairman’s clarification to the points for the Chapter “Political Parties” are complete with—

1. firm and democratic objectives,

2. concepts and convention to be followed,

3. disallowing continued existence of a political party.

Mr Chairman,

Our party considers that our nation will be able to stand tall in the world only when a ruling party or government is capable of effectively discharging national duties, and serving the interests of the nation and the people rather than grabbing the power. If so, the people will come to recognize such government’s performances in the interests of the nation and the people and cooperating with international community.

The proposal “political parties are to be capable enough of playing a leading role for the entire Union, or Region- or State-wise in accordance with the political, security, economic and social sectors and customs of our nation for ensuring the flourishing of genuine democracy” is in conformity with the prevailing political conditions of our nation as well as with the stance of our party. So, the points the Work Committee chairman explained represent the attitudes of the political parties. So, they should be adopted as detailed basic principles.

Mr Chairman,

The National Convention has laid down the basic principles for the Chapter “Provisions on State of Emergency”. We can take a lesson from the incidents taking place in the world as well as from the historic events of our nation that there can occur a state of emergency in a nation.

So, the prescribing of the Chapter “Provisions on State of Emergency” in the State constitution is appropriate. We found that the Work Committee chairman’s explanation is complete with—

1. principles to be carried out when there breaks out a situation that poses dangers on the lives and property of the people living in Region or State, Union territory, self-administered area or a part of each of them,

2. principles on taking Tatmadaw’s assistance and to issue martial law when necessary in an area in a state of emergency, and declaring martial law if necessary,

3. principles on declaring a state of emergency, designating of the state of emergency, specific areas and fixed period, and restricting or revoking the fundamental rights of the citizens,

4. principles of submitting state of emergency to the Pyidaungsu Hluttaw for approval,

5. principles of coming into force, ceasing and terminating a state of emergency,

6. principles of transferring State power to the Commander-in-Chief of Defence Services after declaring a state of emergency, and annulling of the order, under which the Commander-in-Chief of Defence Services is exercising legislative, executive and judicial powers,

7. principle that 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 exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. So, these points should be adopted as detailed basic principles.

Mr Chairman and NC delegates,

In conclusion, we representatives of the Kokang Democracy and Unity Party suggest that the points the Work Committee chairman clarified for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” to be included in the State constitution should be adopted as detailed basic principles.

The following is the proposals of Wa National Development Party presented by U Nyi Palok 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 extend my greetings to Mr Chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission and members, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee, and representatives from various delegate groups. I am National Convention delegate U Nyi Palok of “Wa” National Development Party.

I would like to present the “Wa” National Development Party’s views about the Work Committee chairman’s clarification to the points that should be adopted as detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” to be included in the State constitution.

Mr Chairman,

The detailed basic principles have been laid down chapter-wise for drawing a new State constitution. Regarding election, the basic principle:

(a) Every citizen shall have the right to vote and to stand for election according to law.

(b) Voters concerned shall have the right, in accord with the provisions of the State Constitution, to recall elected people’s representatives. has been adopted. The sphere of these basic principles is broad, so it is needed to adopt detailed basic principles for the Chapter “Election”. Only then, will the people abide by the laws on election. Every nation exercising the multi-party democracy system prescribes necessary basic principles in the State Constitution concerned to ensure that every citizen has equal right to vote and to stand for election in accord with the law.

Our nation is going to practise the multi-party democracy system, and so, it is required to prescribe necessary laws that are harmonious with the prevailing conditions of the nation, in accordance with the democracy system. Election is the lifeblood of a democratic nation. The people can express their true voices only at a free and fair election. In that regard, the people on their part are to value and correctly use the right to vote. Ballot is key to a free and fair election.

Mr Chairman,

The collection of 14 detailed basic principles on election presented by the Work Committee chairman are based on the 1947 constitution, the 1974 constitution, and the constitutions of many other nations. These points are complete. So, we suggest that these points should be adopted as detailed basic principles.

Mr Chairman,

I will discuss the detailed basic principles to be adopted for the chapter “Political Parties”. If there are no parties in a democratic nation, dictatorship under the control of a party or a group of people will emerge. If a nation has political parties where pure and firm politics flourishes and good persons are elected to the parliament, it is sure that the political infrastructure of that nation will be stable and strong.

Mr Chairman,

Political parties have the duty to serve the interest of the nation and the people resolutely. It is important for them to correctly lead the people. The political parties should have the capability to educate and organize their members and the public as they have relations with the people. In addition, discipline-flourishing genuine democracy will flourish in the nation only if there are parties that can maintain and realize their political aims.

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.

As it was explained by the Work Committee Chairman, we agree that 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 then will the parties become organizations giving priority to serving the interest of the nation and the people.

Mr Chairman,

We would like to present a suggestion concerning the chapter “Political Parties”. Political parties should be the organizations capable of heading towards flourishing of discipline-flourishing genuine multiparty democracy in the entire Union in accord with the nation’s political, security, economic and social conditions and traditions and customs. And it is a must. The parties will have to launch organizational campaigns to strengthen themselves in all aspects. But the parties will face a problem and obstacles if there is a prescription saying that all matters and functions should be free from politics. Such prescription is also against the objective — flourishing of genuine multiparty democracy system — of the six objectives of the National Convention. We would like to suggest that there should be no such prescription in our nation that will practise multiparty democracy in the future.

We agree that all the 6 points explained by the Work Committee Chairman should be adopted as detailed basic principles for the chapter.

Mr Chairman,

I will now discuss the chapter “Provisions on a State of Emergency”. The plenary session of the National Convention adopted the following fundamental principles concerning the chapter:

“(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.”

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.

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. 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. If the administrative machinery fails to run in a normal situation, the President can 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 a heedless decision will harm the political, economic and 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.

Mr Chairman,

The President should have the power to declare a state of emergency, if he assumes that a grave situation is endangering the security of the entire nation or any part of the nation. But we would like to give a suggestion in connection with the para 1 that was explained by the Work Committee Chairman.

We would like to suggest that instead of stating the para as “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” it should be prescribed as follows:

“1. If the respective local administrative body submits 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, the President shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”

Concerning the para 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”, we would like to state as follows:

“If the respective local administrative body submits that 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.” As the remaining points are comprehensive, we agree that they should be adopted as detailed basic principles.