The following is the proposals submitted by independent representatives-elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) on the detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” to be included in State constitution at the Plenary Session of the National Convention in Nyaunghnapin Camp in Hmawby Township, Yangon Division on 29-11-2006.
Mr Chairman and NC delegates, 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 NC delegates, I am independent representative-elect Dr Hmu Htan of Thantlang Township Constituency in Chin State. I wish all delegates physical and mental wellbeing, and I wish successful completion to the National Convention that is adopting the detailed basic principles for writing a State constitution as aspired by the people. I compiled this proposal in cooperation with independent representative-elect U Aung Thein of Ywangan Township Constituency in Shan State (South) and independent representative-elect U Tun Kyaw of Namhsan Township Constituency in Shan State (North). We will read each of the three parts of this proposal.

Mr Chairman,
Drawing a State constitution is some way building a new nation. We have adopted the detailed basic principles for further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and quality, and for building a new nation with a flourishing genuine multi-party democracy system. Such a new nation should serve the interests of all national races in the nation in accordance with the noblest and worthiest of worldly values rather than that of just an individual, a handful of people, or a national race.
In a drive for drawing a state constitution, any country should take into account its background history, prevailing situations, experiences in the political, economic and social sectors, national character, culture, customs and conditions of its neighbours. It is required to view the past historic events thoroughly and correctly and take lessons through these events. We also need to build a fine environment based on the lessons, create future opportunities, and formulate a State constitution with great care.
Indeed, the State constitution is the lifeblood as well as the prestige of a nation. Furthermore, it is the only major pillar on which the people of such a nation can rely. There shall be “Equality before the Law” but no one shall be above the law. It is to make sure that a constitution does not include any points that will harm the constitution. To complete a standard constitution is a formidable task. The people concerned have to frame a constitution of the nation. It is natural that all performances of a human society are not perfect. Different people have different ideas, occupations and ways of life. The people of the nation concerned will have to carry out the duties prescribed by the constitution that will come into force. Here, the most indispensable point is that if the drawing of a State constitution focuses on the interests of a handful of people or a single national race without honouring the provisions of the State constitution, progress and development will be far beyond the people of the nation concerned, however much such a State constitution is good in essence. And it is a great requirement that the persons who will be appointed under the forthcoming State constitution discharge duties with goodwill and righteousness. The people on their part are to abide by the provisions of the State constitution.
Mr Chairman,
The National Convention designated 15 chapters to lay down basic principles and detailed basic principles in order to complete the State constitution. Of them are the chapters “Election”, “Political Parties” and “Provisions on State of Emergency”. Firstly, I would like to present my views about the detailed basic principles proposed for the Chapter “Election”.
Our nation will exercise the multi-party democracy system under the adopted basic principles. Every country practising the multi-party democracy system prescribes a principle in the State constitution concerned to ensure that every citizen has equal right to vote and stand for election in accordance with the law. In general, such principle stipulates,
(1) the right of the citizens to elect people’s representatives who represent them in accordance with the law; and
(2) the right of the citizens to stand for election as people’s representatives in accordance with the law.
Mr Chairman,
The right to elect people’s representatives covers every citizen. In order to designate the citizens who are eligible to vote, the first priority is given to the designation of age limit. The people who have turned 18 are mature and intellectual enough to distinguish between good and bad. The 1947 constitution and the 1974 constitution designated 18 years as the eligible age of the citizens to vote. So, the point the Work Committee chairman presented that—
“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” should be adopted as a detailed basic principle.
Mr Chairman,
In every country practising the multi-party democracy system, every citizen has to stand for election in accordance with the law. A candidate for election should stand for election at a constituency only so that he will be able to serve the interests of the voters concerned. If the candidates are allowed to stand for election at more than one constituency, that will make it difficult for the people to elect a people’s representative in line with the desire of the people.
It is learnt that every country exercising the multiparty democracy system use ballot in electing people’s representatives. Our country will have to exercise the multi-party democracy system under the basic principles the National Convention has laid down. So, our country should practise ballot in electing people’s representatives.
Regarding the right to vote, all those who have the right to vote should be entrusted with the right to elect people’s representatives who represent them. However, members of the Religious Order should not enjoy such a right, nor should the persons serving prison terms, the persons adjudged to be of unsound mind as provided for in the relevant law, the persons who have not yet been cleared from being declared destitute, and those who are banned from voting under the election law. So, regarding election of people’s representatives to the Hluttaws, the proposed points:
“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.” regarding election, the proposed point:
“Ballot shall be exercised.”
regarding the persons who should not be vested the right to vote, the proposed point:
“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.”
and regarding the right to stand for election to only one Hluttaw at a constituency at an election, the proposed point:
“At an election, a candidate—
(a) shall be elected to one Hluttaw only.
(b) shall stand for election at one constituency only.”
should be adopted as detailed basic principles.
Mr Chairman,
The Union territories will be under the direct rule of the President, and the Pyidaungsu Hluttaw will have to prescribe necessary laws for Union territories. So, electorate of the Union territories no longer need to elect Hluttaw members to the Region or State Hluttaw, and will have to elect Hluttaw members to the Pyithu Hluttaw and the Amyotha Hluttaw, the two legislative bodies of the Pyidaungsu Hluttaw. When an area in a Region or State is designated as a Union territory, it needs to decide whether a Region or State Hluttaw member from that area has the right to continue to stand as a Hluttaw member. It was submitted that such point needed to be under consideration when the Pyidaungsu Hluttaw promulgates a law to delineate an area as a Union territory.
Save as otherwise provided by this Constitution, such Region or State Hluttaw member should no longer be allowed to stand as a Region or State Hluttaw member.
Therefore, regarding election for Union territories, the proposed point:
“(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.” should be adopted as a detailed basic principle.
Mr Chairman,
Every citizen whose qualifications meet the provisions of the State constitution and the election law has the right to stand for election to a Hluttaw. One of the already-laid down detailed basic principles regulating election says, “Electorate concerned shall, in accord with the provisions of the State Constitution, have the right to recall the elected people’s representatives”. Necessary procedures to recall an elected people’s representative should be prescribed in this Constitution, so that these procedures can be used as references in promulgating laws regulating election. The National Convention will have to adopt necessary detailed basic principles regarding such procedures. Therefore, regarding the right to stand for election, the proposed point:
“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”, regarding the right to recall, the proposed point:
(a) A Hluttaw member may be recalled for any of the following reasons —
(1) treason;
(2) violation of any provision of the Constitution;
(3) misbehaviour;
(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;
(5) incompetent discharge of duties.
(b) Complaint about the Hluttaw member endorsed by at least one per cent of initial number of the voters of the constituency concerned shall be submitted to the Pyidaungsu Election Commission.
(c) Pyidaungsu Election Commission shall conduct investigation into the case in accord with the law.
(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.
(e) The Pyidaungsu Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law. and regarding election and recall, the point:
“The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.” should be adopted as detailed basic principles.
Mr Chairman,
One of the six objectives of the National Convention of the State is “Flourishing of a genuine multi-party democracy system”. The election sector plays an important role in this regard. Some basic principles on election say “every citizen shall have the right to vote and to stand for election according to law”, “voters concerned shall have the right, in accord with provisions of the State Constitution, to recall elected people’s representatives”. So, there needs to form an organization to implement these basic principles.
In addition, the practice of the multi-party democracy system will be followed by the establishment of political parties. The NC has adopted a detailed basic principle “The State shall enact necessary laws concerning the political parties”. There also needs to form an organization to implement that principle. Therefore, it is needed to form a Union election commission to take responsibilities for electoral functions and the laws prescribed for political parties. So, regarding the formation of the Union Election Commission, the proposed points:
(a) The President shall form a Pyidaungsu Hluttaw Election Commission. In the process, he may appoint at least five members including the chairman of the Pyidaungsu Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.
(b) The chairman and members of the Pyidaungsu Hluttaw Election Commission shall be the ones who —
(1) have turned 50 years of age.
(2) meet, except age limit, requirements set for Pyithu Hluttaw members.
(3) (aa) have served in the post of Union Chief Justice or Union supreme court judge; Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)
(bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)
(cc) have practised law as the advocate for at least 20 years; (or)
(dd) are deemed to be celebrities with prestige by the President.
(4) are well-experienced with good characters.
(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.
(6) are loyal to the State and the people.
(7) are not members of a political party.
(8) are not Hluttaw members.
(9) do not accept any other positions from which they can enjoy salaries and
allowances.” should be adopted as detailed basic principles.
Mr Chairman,
The Pyidaungsu Election Commission plays a key role in the drive for the emergence of genuine multiparty democracy system with flourishing discipline. Under the future State constitution, elections will be held in accord with the law to elect members to the Amyotha Hluttaw, the Pyithu Hluttaw and the Region or State Hluttaw. The Pyidaungsu Election Commission will have to discharge these functions and to supervise the tasks in accordance with the law to ensure free and fair elections. Elections to Hluttaws will be held across the nation. So, the Pyidaungsu Election Commission will have to form subcommissions at different levels in accordance with the law and provide close supervision to ensure smooth operation elections.
The Pyidaungsu Election Commission should be vested with the responsibilities such as designating and arranging constituencies for respective Hluttaws, making and arranging lists of voters, that is the most crucial task for an election, putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security, and forming electoral benches to resolve electoral disputes. The commission should also be invested with the power to issue electoral laws and laws on political parties in accordance with the provisions of the State constitution, as well as procedures and directives in accordance with the laws concerned. Therefore, regarding the designation of duties of the Pyidaungsu Election Commission, the points:
“Duties of the Pyidaungsu Election Commission are as follows:
(a) holding Hluttaw elections;
(b) supervising Hluttaw elections, and forming and upervising sub- commissions at all levels;
(c) designating and arranging constituencies;
(d) making and arranging lists of voters;
(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;
(f) issuing necessary laws on elections and political parties in accordance with the provisions of this Constitution and procedures and directives in accordance with the laws concerned;
(g) forming electoral benches to resolve electoral disputes;
(h) discharging duties assigned under a law.” should be adopted as detailed basic principles.
Mr Chairman,
I would like to make some suggestions about electoral procedures. Many electoral procedures are carried out in accordance with the provisions concerned including the submission of bills of electoral expenses spent by the elected Hluttaw members after the elections. The organizations responsible for the elections have to issue final reports on the elections. Some principles related to the Hluttaw sessions are:
“The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences.”
“The day on which the term of the Amyotha Hluttaw comes into force is that of the Pyithu Hluttaw.”
“The first regular session of the Amyotha Hluttaw shall be held within seven days after the commencement of its term.” In my opinion, final reports should be released in time so that first regular sessions of the Hluttaws can be held in line with the provisions concerned. In this regard, elected Hluttaw members are to complete their tasks in time. There should not be a situation in which Hluttaw sessions are put off due to the delay on the final reports. Therefore, I would like to make a positive suggestion that in issuing laws, rules and directives on election,
(a) specific duration for the functions to be carried out by the elected Hluttaw members, (b) the time during which the election commission has to issue the final report should be fixed.
Mr Chairman,
Regarding matters on blaming and charging the chairman or a member of the Pyidaungsu Election Commission, resignation of the chairman or a member of the commission, vacancy of the chairman or a member of the commission, proceedings to be implemented if the commission chairman or member is a government employee, final decisions and functions of the commission, and designation of functions, powers, privileges and status of the chairman or a member of the commission, the points the Work Committee chairman explained:
1. If the President has to blame and charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accordance with the provisions prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges.
2. If the chairman or a member of the Pyidaungsu Election Commission in service wishes to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.
3. 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 accordance with the provisions on appointment of a Union minister enumerated in the State Constitution.
4. 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.
5. 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.
6. Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.
7. 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. should be adopted as detailed basic principles.
Mr Chairman,
A detailed basic principle “Pyithu Hluttaw representatives shall have settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected Pyithu Hluttaw representative” has been adopted. 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.

“The period of staying abroad with the permission of the government hall be deemed to have settled in the Union.” should be adopted as the provision under the detailed basic principle:
“having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected as Pyithu Hluttaw representative.” Now, independent representative-elect U Aung Thein of Ywangan Township Constituency in Shan State (South) will present part two of our proposal.
Political Parties
I am U Aung Thein, an independent representative-elect of Ywangan Township constituency.
Mr Chairman,
The Union of Myanmar that had been under the rule of her own monarchs became a colony in 1885 due to various reasons. Patriots including monks set up national schools to launch the national movement. Later, various associations, organizations and political parties emerged. Those associations, organizations and political parties revitalized patriotism among the people with the slogan “Independence — first; independence — second, independence — third” in the entire nation. The struggle to regained independence gain extra momentum together with the revitalization of patriotism.
Because of the internal strife that broke out in the nation soon after the independence was regained, the nation was not able to carry out development undertakings with might and main. If we study the activities of political parties during the independence struggle and post-independence period we can see the good parts and bad parts of multiparty system. A nation cannot stay aloof from political parties if its government works in accord with her constitution. Existence of different races, classes, natural conditions and opinions in a nation is her objective condition. Hence public wishes and stands will be different from one another.
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”. In our view, a political party is an organization gathering good and clever persons in the interest of the nation; politics is a noble cause; and free and fair election is the essence of democracy. Hence those who respect democracy respect political parties. Persons who loathe democracy are not democrats. The ones who are scaring people away from politics are persons who oppose democracy to become dictators. Politics is the affairs of the people. The permitting of persons who are interested in politics to do politics in the future state is an appropriate act. The political parties on their part should always keep in the fore Our Three Main National Causes.
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 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 collectively. A political party is an organization formed by the persons with same political conviction and goals. Hence parties will have to choose leaders who can do best for the nation. When the members have the political awareness, political leaders will be able to give greater priority to national interest than their own. All the people should have the political outlook. If they have political outlook they will understand the essence of politics, express their wishes well, have untiring interest in politics and have ability to maintain and control their political belief without being deceived by others’ political propaganda and organization.
When the entire nation has political awareness, the parties will be able to serve the cause of the nation and the race fairly and correctly. In the future state the people will have to try hard to understand politics and to be imbued with political knowledge. But a certain length of time is required to reach that stage. State level officials will have to pave the way to reach the level without making any discrimination. The political parties should have the capability to educate and organize their members and the public as they have relations with the people to have the conviction that the national affairs are their own, have untiring interest in the politics, fully understand the essence of politics, and be free from being deceived by others’ political propaganda and organization.
Mr Chairman,
Myanmar has already witnessed the weaknesses and loopholes of the parliamentary democracy when she practised 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 the 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, the declining situation of democracy in the parties, and the growing centralized system. 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.
To ensure that there will be no disputes in the future, we would like to suggest that the point “The Union Hluttaw shall designate and prescribe the qualifications of political parties” should be added to the points already explained by the Work Committee 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. 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.
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.
Hence, the following point should be adopted:
In accordance with the law, a political party shall have the right to:
(a) organize freely;
(b) to stand for elections.
The parties should serve as a bridge between the government and the people for the emergence of a multiparty system benefiting the people. They should be the organizations that are able to lay down policies in conformity with the nation’s political, security, economic situations, customs and public interest. They should have the directives, fundamental policies and practices. There may be parties representing the whole nation for emergence of discipline- flourishing democracy as well as regional political parties representing the respective national races.
Hence we would like to give a separate suggestion saying that the Pyidaungsu Hluttaw in enacting laws concerning the political parties should consider permitting the establishment of political parties representing the whole Union as well as the respective regions.
Mr Chairman,
Political parties will have to 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. The parties should abide by the foreign policy. They should not give priority to the regional interest over the national interest and to the personal interest over the national interest. If the body having the authority to register political parities finds that a political party has infringed any one of the provisions ensuring the rights of the existence of political parties, the party’s registration should be revoked. But the accusation or punishment should not be unreasonable. Action should be taken against the accused party after thoroughly investigating the accusation. We suggest that the following points should be adopted:
“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,
Of the adopted fundamental principles, I would like to discuss the matters concerning the right of defence and the right of appeal stipulated in the chapters “Executive” and “Judiciary”
The paragraph (e) of the judiciary states as follows: The following are stipulated as judicial principles -
- Independent administration of justice in accord with law
- administration of justice in public except where restricted by law
- giving of right of defence and right to appeal by law in cases
Subparagraph (e) of the paragraph 16 of the matter concerning the impeachment of the President or the Vice-President states “The President or the Vice-President shall have the right to refute the charge personally or through a representative when it is investigated.
As regards the matter in which the President impeaches the Chief Justice of the Union or Judge of the Supreme Court of the Union, the subparagraph (h) of the paragraph 4 states, “The person thus charged shall have the right to appeal or to be represented at the investigation of the charge and be given the chance to refute it.”
As regards the matter in which the President impeaches a Region or State Chief Minister or a Minister, the subparagraph (d) of the paragraph 23 states, “The Region or State Chief Minister or Minister thus charged shall have the right to appeal or to be represented at the investigation of the charge and be given the chance to refute it.”
Mr Chairman,
I will now discuss the matter “no right to exist” of a political party. The body having the authority to register political parties before revoking the registration of a party should make an accusation against the part only after presenting firm evidence. The party concerned should have the right to defend and appeal. The officials concerned should revoke the registration only after hearing the case thoroughly. We believe that there should be no lopsided charges against political parties. We would like to present a separate suggestion saying that the Pyidaungsu Hluttaw should enact laws and bylaws to observe the right of defence and the right of appeal of the political parties.
Mr Chairman,
The political parties have the duty to resolutely serve the interest of the nation and the people. The parties should have the capability to lead towards flourishing of genuine and disciplined democracy in the entire nation. The leaders of the parties should be the ones who are sincere and upright. As they also are human beings they may make mistakes in certain matters. The problems of the parties should be solved within the parties. Action should not be taken against any party leader or member for his mistakes directly by the authorities concerned. The authorities should make consultations with the steering groups of the party concerned and action should be taken against the leader or member for his error in accord with the rules and regulations of the party. The matter should be put into consideration when laws and bylaws concerning the parties are drafted.
The Pyidaungsu Hluttaw should enact necessary laws for the political parties to prevent deviation when they carry out the leadership role. Hence, the point “The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.” should be adopted.
A collection of detailed basic principles that should be adopted are as follows:
1. Political parties set the objective — non-disintegration of the Union, non- disintegration of national solidarity and perpetuation of sovereignty.
2. The Union Hluttaw shall designate and prescribe the qualifications of political parties.
3. 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.
4. In accord with the law, a political party shall have the right to:
(a) organize freely;
(b) to stand for the elections.
5. 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 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;
(d) 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;
(e) it abuses religion for political purpose.
6. If the body having the authority to register political parities finds that a political party is connected with anyone of the points stated in the above- mentioned subparagraphs (a), (b), (c) or (d), the party’s registration shall be revoked.
7. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.

Provisions on State of Emergency
I am U Tun Kyaw, an independent representative-elect of Namhsam Township constituency, Shan State (North).
Mr Chairman,
I will now explain the chapter “Provisions on a State of Emergency” based on the clarification made by Chairman of the National Convention Convening Work Committee. 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.
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 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 incompetence of the administrative machinery will lead to jeopardizing the community peace and the rule of law. In such a 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.
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 exercise the legislative power by himself.
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 declare a state of emergency to protect public lives and property and restore regional stability, community peace and the rule of law. If all the NDSC members are present at the meeting with the President, the declaration can be announced in time. But if not all the members of the National Defence and Security Council are present, the President instead of declaring 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, should coordinate with all the NDSC members present at the meeting to announce the declaration. It will be more appropriate. The matter must be submitted to the NDSC soonest for approval.
Mr Chairman,
If the situation arising from the incompetence 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, 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. Martial law should be issued, 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. The decree of martial law should include administrative powers and functions and judicial powers and functions of the administrative bodies.
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. 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. Hence, a provision or more than one provision should be restricted during the time.
Mr Chairman,
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 required time should be fixed.
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 the force of 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. 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.
Mr Chairman,
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. In such situation, the President should proclaim a State of emergency after consulting with the National Defence and Security Council. The proclamation shall stipulate the area that the ordinance is in force and its duration.
Mr Chairman,
The President in proclaiming the ordinance should transfer the State power to the Commander-in-Chief of the Defence Services to restore the national situation to normal soon and to act as necessary. The Commanderin-Chief of the Defence Services will be empowered to exercise all the powers and functions of the President, the Vice-President, members of the Union Government, members of the governments of Regions and States and the Self-Administered Areas beginning from the date the State power is transferred to the Commanderin-Chief of the Defence Services automatically. To make things clearer, the detailed basic principle saying that the aforesaid bodies at all levels are terminated from their duties beginning from the date the State power is transferred to the Commander-in- Chief of the Defence Services. But, it is suggested that the President who transfers the State power to the Commander-in-Chief of the Defence Services and the Vice-Presidents should continue to remain in their same official positions without being terminated from active duty.
When the President transfers the State power to the Commander-in-Chief of Defence Services, the latter will have to enact necessary laws. The situation will be confusing if the respective Hluttaw also have the power to enact laws. Hence, the President should cease the power to enact laws of those Hluttaws at the time when the President has empowered the Commander-in-Chief of Defence Services to exercise the State power.
Mr Chairman,
A detailed basic principle saying that the Commander-in-Chief of the Defence Services in exercising the State power shall empower a suitable organization or a suitable person to exercise the executive and judicial powers should be adopted.
The Commander-in-Chief of the Defence Services, as he is going to strive to the best of his ability to restore national peace and stability and safeguard sovereignty can have the power to restrict a provision or provisions concerning the fundamental rights of citizens to a certain degree.
Mr Chairman,
The President should submit the matter concerning the empowerment of State power to the Commander-in- Chief of the Defence Services at the Pyidaungsu Hluttaw if it is in session and convene an emergency session of the Pyidaungsu Hluttaw to present the matters if the Pyidaungsu Hluttaw is not in session. For the matter concerning the extension of the period, he should convene an emergency session to submit the matter to the Pyidaungsu Hluttaw. But the approval of the Pyidaungsu Hluttaw is not enough. As it is a matter of transferring the State power, it is assumed that it will be appropriate only if the President submit a separate report concerning the matter.
The President should normally extend the period to six months at a time for two terms if the Commanderin-Chief of the Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.
Mr Chairman,
The Commander-in-Chief of the Defence Services after accomplishing the functions empowered to him by the President should forward a report concerning his accomplished tasks to the President. The President after receiving the report will have to revoke the ordinance to transfer State power to the Commander-in-Chief of the Defence Services. There will be no constitutional disputes in the future only if the said dates to revoke the ordinance are fixed precisely.
As all the ministers of the Union Government and members of the leading bodies of Region and States and Self- Administered Division and Self-Administered Zones, except the President and Vice-Presidents, are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief. Hence, the President will have to re-constitute all the levels of the State administrative machinery in accordance with the Constitution. The President should revoke the suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign them to carry out their legislative duties. The Hluttaws after the end of their tenure automatically ceases to exist. Although the term of the Hluttaws has ended, the Commander-in-Chief will exercise the three organs of power in accord with the Constitution. Here, an organization to help him and safeguard the nation is required. The National Defence and Security Council should be empowered to safeguard the nation and help the Commander-in-Chief. The Commander-in-Chief in exercising the State power will have to consult with the NDSC to achieve greater success in his functions. In addition to the President and the Vice-President, the Speaker elected by the Pyidaungsu Hluttaw and the Speaker elected by the Amyotha Hluttaw also should be members in the NDSC. Even though the terms of Hluttaws have ended, the President, the Vice-Presidents, the Speaker elected by the Pyithu Hluttaw and the Speaker elected by the Amyotha Hluttaw should stay in power till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.
Mr Chairman,
A detailed principle — The National Defence and Security Council should normally extend the period to six months at a time for two terms if the Commanderin- Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of the Defence Services has not yet accomplished his duty assigned to him —should be adopted.
Another detailed basic principle — In connection with the matter of transferring the State power to the Commander-in-Chief by the President after declaring a State of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief shall, declare to annul the order empowering the Commander-in-Chief to exercise State power — should be adopted.
Mr Chairman,
The President after annulling the order to empower the Commander-in-Chief to exercise the State power will have to hold a general election during the fixed period beginning from the date he abrogates the order. A new President should be elected in accord with the Constitution. The President should form the National Defence and Security Council and should empower it to exercise the State power during the interim period when the new President has not been elected yet. The legislative, executive and judicial sectors of the State will be able to run as usual only if the NDSC heads the nation during the interim period. And only then will the nation be able to enjoy peace, stability and progress. The NDSC should empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self- Administered Zone levels during the interim period.
Mr Chairman,
In exercising the State power, the NDSC should form administrative bodies at different levels, leading bodies of Self-Administered Division and Self- Administered Zones and the Pyidaungsu Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them to run the State machinery as usual.
It will be necessary to form the leading bodies of the Regions, States, Self- Administered Division and Self-Administered Zones in accordance with the provisions of the Constitution. The only method to do so is to make preparations to hold a general election. The period to hold the general election should begin from the date the order to transfer State power to the Commander-in-Chief of the Defence Services, is annulled. To run the State administrative machinery normally, the NDSC will have to assign duties to constitutional bodies. They should continue their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the election. As the Head of State is the President, the NDSC is exercising the sovereign power of the State on behalf of the President.
Mr Chairman,
During the period of the declaration of a state of emergency or during the time the Commander-in-Chief of the Defence Services, is provisionally exercising the State power or during the time the NDSC is provisionally exercising the State power, the measures taken by the military bodies and civil administrative bodies and the military and civil personnel on behalf of the President or the Commander-in-Chief of the Defence Services, or the NDSC should be legitimate. A detailed basic principle — 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 of the Defence Services, is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate — should be adopted. The detailed basic principles explained by the Work Committee Chairman should be adopted.
Mr Chairman,
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 law to declare a state of emergency.
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, it will be more appropriate if the President should declare a state of emergency in time after coordinating with the members who are present at the meeting, except from the members who are absent due to unavoidable circumstances instead of 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 NDSC members.
We would like to suggest that the subpara (b) of the para 3 should be amended as follows:
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, it will be more appropriate if the President should declare a state of emergency in time after coordinating with the members who are present at the meeting, except from the members who are absent due to unavoidable circumstances. The declaration shall be submitted to the National Defence and Security Council soonest for approval.
Mr Chairman,
Because of the abuse of the constitution at will during the parliamentary era, the law began to lose force and the national solidarity was harmed. The Constitution was gradually ignored during the single party era. People lost legal rights during the eras and their sufferings were unforgettable. There should be harmony between theory and practice in exercising the Constitution. The nation will be away from success if there is disagreement between theory and practice. All must be aware of the fact that there must be harmony between theory and practice.
All should guard against abusing the Constitution for self-interest; for interest of individual organization, group, class or race; for the clever persons from bullying sincere persons; interpretation of the stipulations for self-interest; having disregard for the law though various excuses; attempts to weaken the effectiveness of the law. Moreover, all should strive to maintain the effectiveness of the Constitution.