The following is the proposal submitted by the Delegate Group of National Races on the detailed basic principles for the Chapters “Election”, “Political Parties” and “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 1-12-2006.

We members of the delegate group of national races listened to the clarification made at the plenary session held on 30 and 31 October 2006 to proposed 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. We also studied the booklets on explanation sent to the delegate groups. They have been inserted in the newspapers, so we delegates have a good opportunity to study them thoroughly.

The delegate groups representing all national races from around the Union held discussions and freely compiled proposals individually or in groups.

This proposal comprises some suggestions in addition to the points that support the detailed basic principles the Work Committee explained. The committee presented a collection of suitable points from the constitutions of ours and many other countries in a comprehensive way and they are harmonious with our nation, people, culture and customs.

We representatives of the delegate group of national races compiled proposals in a positive way individually or in group in accordance with the procedures and basic principles on the National Convention.

Mr Chairman and delegates,

Of the three sovereign powers of the State, Hluttaw members will have to exercise the legislative power, the most important one. In this regard, it is needed to prescribe laws that meet the desires of the people. The people will have to elect members to the Hluttaws. Here, the people who are eligible to vote should have an opportunity to freely elect the Hluttaw members they support. Only when any unjust acts and influence are wiped out in voting, will the citizens be able to express their desires freely in the drive to introduce democracy to the nation. It is also important that a citizen has the right to vote for a Hluttaw member of his own accord. So, ballot is to be practised to enable the citizens to avoid outside influence in casting votes.

The people will vote for representatives to Hluttaws who they think the latter can serve the interests of the nation. However, maybe, the voters notice after the elections that a Hluttaw member is not qualified enough, or he commits misbehaviours. If so, the voters should have the right to recall such a disqualified Hluttaw member, and a detailed basic principle should be adopted in that regard.

Regarding the right to elect or to recall a Hluttaw member, the Pyidaungsu Hluttaw made up of people’s representatives will prescribe necessary laws with the assent of the people.

Mr Chairman,

A Union Election Commission should be formed to carry out electoral functions in accordance with electoral procedures. In that regard, a detailed basic principle should be adopted to designate the responsibilities, rights and powers of the chairman and members of the Pyidaungsu Election Commission.

The National Convention designated 15 chapters before it adopts the detailed basic principles to draw a new State constitution. The basic principles adopted for the Chapter “Election” are:

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

(b) Voters concerned shall have the right, in accord with provisions of the State Constitution, to recall elected people’s representatives.

The citizens with such rights should be the ones who are mature and intelligent enough to distinguish between right and wrong.

So, a detailed basic principle should be adopted so that every citizen in our country who has turned 18 and is eligible to vote are bestowed with the right to vote.

Mr Chairman,

In elections, a voter should cast a vote at a constituency to a Hluttaw each to ensure equal right. Representatives of national races will be elected to a Region or State Hluttaw. So, a detailed basic principle should be adopted so that every eligible voter should have the right to elect Region or State Hluttaw members township-wise.

Mr Chairman,

There should be a detailed basic principle that members of the Religious Order should not enjoy such a right, nor should persons serving prison terms, persons adjudged to be of unsound mind as provided for in the relevant law, persons who have not yet been cleared from being declared destitute, and those who are prohibited from voting under the election law, from voting. A candidate should stand for election at the constituency concerned.

The Union territories will be under direct rule of the President, and the Pyidaungsu Hluttaw will have to prescribe necessary laws for Union territories. So, the electorate of the Union territories do not 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 voters of the constituencies concerned will have to elect members to the Pyithu Hluttaw. So, a detailed basic principle should be adopted that the voters of the Union territories have to elect members to the Pyithu Hluttaw and the Amyotha Hluttaw only.

After a township or constituency in a Region or State is prescribed under extraordinary circumstances as a Union territory by the Pyidaungsu Hluttaw, the township or constituency will be under the direct rule of the President.

Then, a Region or State Hluttaw member from that township or constituency of the Pyidaungsu Hluttaw can no longer stand as a Region or State Hluttaw member.

Mr Chairman,

A detailed basic principle should be adopted that “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”.

Electorate concerned should have the right to recall a Hluttaw member who commits treason, violates any provision of the Constitution, commits misbehaviour, lacks qualifications prescribed in the Constitution for a Hluttaw member or is not capable of discharging his duties efficiently.

So, if the wish arises to recall a Hluttaw member, the complaint about the Hluttaw member endorsed by at least one percent of the initial number of the voters of the constituency concerned should be submitted to the Election Commission. In the process, the Hluttaw member concerned should be vested with the right to rebut the accusation in person or through a representative.

If the commission finds the accusation true and considers that the Hluttaw member should no longer serve as a Hluttaw member, the commission should take action in accord with the law on recall. However, if the complaint is found untrue, the accused Hluttaw member can continue to discharge his duties, and necessary rules and regulations should be prescribed to take action against such a complainant to prevent unjust complaints.

Mr Chairman,

Now, many countries have made the system of setting up a large constituency to elect more than one Hluttaw member, and designating the number of Hluttaw members in proportion to the votes. So, to catch up with the changes, necessary laws should be prescribed in accord with the resolutions of the Pyidaungsu Hluttaw.

Election and recall need a law that the Pyidaungsu Hluttaw should prescribe.

Mr Chairman,

The Work Committee in his explanation said that our nation is going to exercise the discipline-flourishing democratic system, so elections for the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw will be held from time to time, and tasks for holding elections will be carried out continuously. In addition, there will be many tasks such as formation of sub-commissions at different levels to supervise the work, designation of constituencies, taking arrangements, making lists of voters. Therefore, a permanent Pyidaungsu Election Commission should be formed and a chairman and members should be appointed to the Commission in accord with the law.

With respect to assigning duties to the chairman and members of the Pyidaungsu Election Commission, the President should appoint at least five members including the chairman of the Pyidaungsu Election Commission in accord with the provisions relating to the appointment of Union minister stated in the Constitution.

And they should be the ones who are wellexperienced and who have turned 50 years. They should meet, except age limit, requirements set for Pyithu Hluttaw members, who are loyal to the State and the people, who are not members of a political party, nor Hluttaw members, and who do not accept any other positions from which they can enjoy salaries and allowances.

Mr Chairman,

The Pyidaungsu Election Commission will have to supervise the electoral procedures, hold elections to Hluttaws, and supervise the work of sub-commissions at all levels.

It is needed to designate constituencies for the Hluttaw so that the people will have to elect members to the Hluttaws. In the process, the Pyidaungsu Hluttaw should take responsibilities to ensure smooth functions in designating constituencies in proportion to the population and the township concerned.

One of the most important tasks for an election is to make lists of voters. The Pyidaungsu Election Commission should be entrusted with the duties to make and prepare lists of voters in accordance with the law.

Mr Chairman,

The Pyidaungsu Election Commission will have to hold elections in a free and fair way in consistency with the law.

In this regard, the Commission will have to put off the elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or the situation of regional security.

It should also be given responsibilities to pass necessary laws on election and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned.

In addition, it should be vested with the responsibility to form election benches to resolve electoral disputes.

Mr Chairman,

I would like to present an important point related to the Chapter “Election”. Only when a decision of the Pyidaungsu Election Commission is final, will it be possible to address possible future problems. It should be entrusted solely with the power to handle the affairs of Hluttaw members who will exercise the legislative power. Only then will Hluttaw members be able to practise the legislative power strictly.

If the President has to put blame on or charge the chairman or a member of the Pyidaungsu Election Commission, he should do so in accord with the provisions prescribed in the State Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges.

Mr Chairman,

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 should have the right to do so.

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 other reasons, the President should 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.

Mr Chairman,

Vacant seats of the chairman or members of the Pyidaungsu Election Commission should be filled with qualified persons from both inside and outside State service. If the chairman or members of the Commission is a government employee, he should retire in accord with existing civil service rules and regulations from the date he is appointed as the chairman or a member of the commission.

The Pyidaungsu Election Commission is an organization capable of making correct decisions in accordance with the law in dealing with electoral procedures, appeals and amendments on electoral benches’ decisions and orders, matters taken under political party law, so, the Commission’s decision should be final.

In the adopted detailed basic principles, the role of the Union Chief Justice is designated to be equivalent to the position of a Vice-President and the role of the Union Supreme Court Judge, to the position of a Union minister. So, a detailed basic principle should be adopted to designate the responsibilities, powers and rights of the chairman and members of the commission.

Mr Chairman,

I would like to present the collection of the points that should be adopted as detailed basic principles.

1. In electing members to Hluttaw—

(a) 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.

(b) 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.

(c) In addition, people of national races concerned who are eligible to vote in accord with the provisions of the State Constitution shall have the right to vote in electing representatives of national races to the Region of State Hluttaw concerned.

(d) Ballot shall be exercised.

2. 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.

3. “At an election, a candidate—

(a) shall be elected to a Hluttaw only.

(b) shall stand for election at one constituency only.

4. (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.

5. 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.

6. (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) inefficient discharge of duties.

(b) Complaint about the Hluttaw member endorsed by at least one percent 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.

7. The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.

8. (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.

9. Duties of the Pyidaungsu Election Commission are as follows:

(a) holding Hluttaw elections;

(b) supervising Hluttaw elections, and forming and supervising 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 accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;

(g) forming electoral benches to resolve electoral disputes;

(h) discharging duties assigned under a law.

10. If the President has to blame and charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accord with the provisions prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges.

11. (a) 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.
(b) 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 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.

(c) 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.

12. 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.

13. Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.

14.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.

These 14 points are appropriate for the Chapter “Election”, so they should be adopted as detailed basic principles.

Mr Chairman,

Hluttaw members including members of the Pyithu Hluttaw who will take part in the legislative sector, one of the three sovereign powers of the State — legislation, executive and judiciary — should catch up with the political, administrative, economic, social and national races affairs of the State. Only then, will they be able to carry out legislative functions effectively. The National Convention has adopted 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”. In this regard, 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.

Therefore, the point:

“The period of staying abroad with the permission of the government shall 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.”

should be adopted as a detailed basic principle.

Mr Chairman and National Convention delegates,

The delegate group of national races will now present the chapter “Political Parties”.

Political parties play an important role in practicing genuine multi-party democracy system. The Constitution will have to prescribe rules and the stand for the political parties in striving for development of the nation in all aspects.

Detailed basic principles should be adopted to prevent the parties from betraying the nation and hampering the national development which are against the law.

Concerning the parties, 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 adopted. The political parties will have to uphold Our Three Main National Causes as a national task.

Mr Chairman,

A political party must abide by the Constitution and the existing laws in addition to accepting and exercising a genuine multiparty democracy system. Moreover, it must be legally registered. A nation will develop only if it is headed by firm and systematically-established political parties. 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.

If a political party is declared unlawful or is directly or indirectly receiving financial, material and other assistance from the government or a religious organization, or other organization or an individual person of a foreign country, will become an organization going against the policies practised by the State. In this situation, the said political party should not be allowed to exist as a political party any more. The party’s continued existence should not be permitted if it is found abusing religion for political purpose. Political parties have the duty to serve the interest of the nation and the people resolutely. 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.

Mr Chairman,

The following points should be adopted as detailed basic principles for the chapter “Political Parties”.

1. Political parties set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

2. A political party shall:

(a) accept and practise discipline-flourishing genuine multiparty democracy.

(b) abide by the Constitution and the existing laws.

(c) be legally registered as a political party.

3. In accord with the law, a political party shall have the right to :

(a) organize freely;

(b) to stand for the elections.

4. The continued existence of a political party shall not be permitted if —

(a) it has been declared as an unlawful organization in accord with the existing law;

(b) it contacts or abets the insurgent group launching 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 organization, or any other organization or an individual person of a foreign country;

(d) it abuses religion for political purpose.

5. If the body having the authority to register political parities finds that a political party is connected with any one of the points stated in the above-mentioned subparagraphs (a), (b), (c) or (d), the party’s registration shall be revoked.

6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties. Separate suggestion The para 2 of the chapter states as follows:

2. 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.

We would like to add another para which will be para “(d) A political party shall have the duty to be loyal to the State.” to the given detailed basic principle.

We present the suggestion as the emergence of firm and qualified political parties that will steer the nation towards the flourishing of multiparty democracy and the citizen’s loyalty to the State are essential requirements.

I will now present the chapter on “Provisions on State of Emergency”.

A state of emergency occurs in a nation where there arises a threat to cease the administrative machinery in a certain region or in the whole nation, or to harm sovereignty and public lives and property. There should be detailed basic principles to protect sovereignty of the Union in a state of emergency.

The National Convention has already adopted 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 selfadministered area and if necessary in doing so, the President of the State is empowered to exercise legislative powers concerning that region, state or self-administered area in accord with provisions of the State Constitution;

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

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

Mr Chairman,

A state of emergency occurs in a nation where there arises a threat endangering the national defence and security and the rule of law in some regions or in the entire nation, or a foreign military intervention, or a worsening political and economic situation and a natural calamity such as the storm, flood, fire and earthquake. In this situation, the Head of State will have to declare state of emergency and take necessary measures to restore the situation into normalcy as he is entrusted with the power to do so by the Constitution.

There should be suitable detailed basic principles to declare a state of emergency in our nation. The fact that the President should issue the declaration only after making coordination with the National Defence and Security formed under the Constitution should be included in the detailed basic principles.

The President after exercising the executive power should empower an organization formed with suitable persons of the respective regions or a suitable person to exercise executive power to restore the rule of law and the community peace. Only then will the administration machinery be able to run normally.

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.

If not all the members of the National Defence and Security Council can attend the meeting, the President, may after coordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.

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 opined that there should also be a detailed basic principle concerning the issuance of martial law. The decree of martial law should include administrative powers and functions and judicial powers and functions of the administrative bodies.

The point “The President when he issues an ordinance having the force of law and declares a state of emergency should specify the area covered by the ordinance and the duration” should be adopted.

As the declaration of a state of emergency is more significant and difficult than other matter, if necessary, restrict cor revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.

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.

The sub-paragraph (b) of the paragraph 11 on the “Powers and Functions of the President” prescribes, “(b) If the President has not withdrawn the ordinance issued under sub-paragraph (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.” has already been adopted. A detailed basic principle to fix the time concerning the issuance of ordinance should be in accord with the said adopted detailed basic principle.

There should be a fixed time to present the ordinance to the Pyidaungsu Hluttaw and the ordinance’s duration.

The sub-paragraphs (c) and (d) of the paragraph 11 on the Powers and Functions of the President prescribe, “(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw” and “(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.”

The detailed basic principle must be in accord with the aforesaid subparas that have already been adopted. A detailed basic principle should be adopted to fix the time and date for the ordinance issued by the President. When there arises or there is sufficient reason to arise a state of emergency that may cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, the President after consulting with the National Defence and Security Council shall proclaim an ordinance and should declare a state of emergency. The proclamation should stipulate the area covered by the ordinance and its duration.

The duration of the ordinance is one year from the date it is proclaimed. A detailed principle concerning the matter should be adopted.

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 Commander-in-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 Commander-in- 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 Commanderin- Chief of the Defence Services. But, it is suggested that the President who transfers the State power to the Commanderin-Chief of the Defence Services and the Vice-Presidents should continue to remain in their same official positions without being terminated from active duty.

After the State power has been transferred to the Commander-in-Chief of the Defence Services he will have the power to enact necessary laws for the nation. 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 the Defence Services to exercise the State power.

There should be a detailed basic principle saying that the Commander-in-Chief of the Defence Services can empower a suitable organization or a person to exercise the three organs of the State power on his behalf.

Similarly 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. The fact should adopted as a detailed basic principle.

The Commander-in-Chief of the Defence Services will have to do for the accomplishment his task in exercising the State power during the fixed period in accordance with the Constitution. If there is a firm reason that the matter cannot be accomplished in the specified time, the period should be extended. It is assumed that it will be appropriate only if the President submit a separate report concerning the matter.

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. But the period in which the Commander-in-Chief of the Defence Services presents the report will be in the term of the Pyidaungsu Hluttaw or the after the end of the term of the Pyidaungsu Hluttaw. There should be a detailed basic principle concerning the matter.

When the Commander-in-Chief of the Defence Services submits the report on his completion of the functions, the President shall annul the order suspending legislative functions of all Hluttaws and leading bodies and should invest in them the legislative functions, their original duty, if the term of Hluttaw has not ended yet. Although the term of the Hluttaws has ended, the Commander-in-Chief of the Defence Services will exercise the three organs of power in accord with the Constitution. The National Defence and Security Council should be empowered to safeguard the nation and help the Commander-in-Chief of the Defence Services 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,

The President should have the power to normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a submission together with reasonable ground to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his task empowered to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called. If the Commander-in-Chief of the Defence Services asks to extend the period of martial law as he has not completed the functions yet after the end of the Hluttaw term, the NDSC should give the green light.

If the Commander-in-Chief of the Defence Services submits the report on completion of his functions to the NDSC, the NDSC should annul the order to empower the Commander-in-Chief of the Defence Services to exercise State power. A detailed basic principle should be adopted concerning the matter.

The President after annulling the order to empower the Commander-in-Chief of the Defence Services to exercise the State power will have to hold a general election during the fixed period. The President after annulling the order to empower the Commander-in-Chief of the Defence Services 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. 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. The National Defence and Security Council should form the constitutional administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zone and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them.

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 National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled.

The bodies formed by the NDSC should continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election. The President will have to head the NDSC to exercise the State power provisionally.

As the Head of State is the President, the NDSC is exercising the sovereign power of the State on behalf of the President. There should be a detailed basic principle concerning the matter.

Military and civil personnel of the military and civil bodies will have to discharge their assigned duties during the time the NDSC is provisionally exercising the State power. As they will have to do their duties at the risk of their lives, they should be protected by the Constitution.

Mr Chairman,

The following 23 points should be adopted as detailed basic principles for the chapter “Provisions on State of Emergence”.

“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.”

“2. In the matters concerning the declaration of a state of emergency in accord with the paragraph 1, the President shall have the power to:

“(a) exercise the executive power of the Region or State or Self-Administered Area concerned. Moreover, he shall form a suitable organization and entrust the executive power to an organization concerned, or to a suitable person.

“(b) In doing so, out of the legislative matters of the respective Regions and States and the Self-Administered Areas, the President shall have the power to exercise the legislative power concerning the executive affairs. But the legislative power shall not be entrusted to any organization or any person.”

“3. (a) when there arises or there is sufficient reason to occur a state of emergency endangering life and property of the people in a Region or a State or a Self-Administered Area or in any part of them, the President after consulting with the National Defence and Security Council may issue an order having the force of the law to declare a state of emergency.

“(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President, may after coordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”

“4. In connection with the declaration of a state of emergency in accord with the paragraph 3, the President shall:

“(a) take the assistance of the Tatmadaw to ensure local administrative bodies and members, and civil bodies and members to effectively carry out their

functions in accord with the existing laws in order to swiftly restore the situation of an area where a state of emergency has been declared.

“(b) issue martial law order. In doing so, the President shall prescribe in the martial law order the administrative powers and functions and judicial powers and functions concerning community peace and the rule of law entrusted to the Commander-in-Chief of the Defence Services. The Commander in-Chief of the Defence Services shall exercise the powers and functions himself or empower them to a suitable military officer.”

“5. The President when issues an ordinance having the force of law and declares a state of emergency, shall:

“(a) specify the area covered by the ordinance and the duration.

“(b) if necessary, restrict or revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.”

“6. The President from the date of the promulgation shall present the measures taken in accord with the paragraphs 1 and 2 and the measures taken in accord with the paragraphs 3 and 4:

“(a) to the nearest Pyidaungsu Hluttaw session within 60 days for approval.

"(b) shall cause to convene a special session of the Pyidaungsu Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days."

“7. (a) If the Pyidaungsu Hluttaw session approves the submission of the President concerning the matters prescribed in the paragraph 6, the ordinance having the force of law shall be still in force till the fixed time and date.

“(b) In addition to the approval, if the period of the ordinance is extended, the ordinance having the force of law shall be still in force till the extended time and date.

“(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw session.”

“8. When there arises or there is sufficient reason to arise a state of emergency that may cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power or attempts by wrongful forcible means such as insurgency or violence, the President after consulting with the National Defence and Security Council shall proclaim an ordinance and shall declare a state of emergency. The proclamation shall stipulate that the area that the ordinance is in force is the entire nation and that its duration is one year from the date it is proclaimed.”

"9. (a) In declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander in-Chief of the Defence Services to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice-President, assigned with the approval of the Hluttaws in accord with the Constitution are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services."

"10. The Commander-in-Chief of the Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers."

"11. The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary."

"12. The President shall:

"(a) proclaim a state of emergency according to the paragraphs 8 and 9 and shall submit the matter concerning the transfer of State power to the Commander- in- Chief of the Defence Services to the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is in session, and shall convene an emergency session of the Pyidaungsu Hluttaw if it is not in session to submit the matter.

“(b) normally extend the period to six months at a time for two terms if the Commander-in-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.”

“13. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commander-in-Chief of the Defence Services if the term of the Pyidaungsu Hluttaw is ended.”

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, 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 duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

“15. Even though the term of the Pyidaungsu Hluttaw has ended the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions 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.”

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-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.”

“17. In connection with the matter of transferring the State power to the Commander-in-Chief of the Defence Services 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 of the Defence Services shall, declare to annul the order empowering the Commander-in-Chief of the Defence Services to exercise State power in accord with the paragraph 9.”

“18. The National Defence and Security Council shall:

“(a) exercise the legislative power, executive power and judicial power before the Hluttaws are formed in accord with the Constitution

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall 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.”

“19. The National Defence and Security Council shall form the constitutional administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zone and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them.”

“20. The National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled in accord with the paragraph 17.”

“21. The bodies formed according to the paragraph 19 shall continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election.”

“22. The National Defence and Security Council shall exercise the State power in the name of the President.”

“23. 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. No legal action shall be taken against them for those legitimate measures.”

Mr Chairman,

The para (b) of para 12 says

“The President shall:

“(b) normally extend the period to six months at a time for two terms if the Commander-in-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.”

We assume that the matter concerns the extension of period of during the term of Hluttaw.

The para 16 states “The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-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.”

We assume that the above para concerns the extension of period after the end of the Hluttaw’s term.

In our view the expression “at the end of the term of Pyidaungsu Hluttaw” should be added to the para 16 as follows:

“16. The National Defence and Security Council, at the end of the term of Pyidaungsu Hluttaw, shall normally extend the period to six months at a time for two terms if the Commander-in-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.”

The delegate group of national races approves that all the 23 points should be adopted as detailed basic principles of the chapter.