The following is the proposal submitted by the Delegate Group of Peasants on the detailed basic principles for the Chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in the State Constitution at the Plenary Session of the National Convention at Nyaunghnapin Camp in Hmawby Township, Yangon Division on 5th December 2006.
Mr Chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee, and NC delegates, let me extend greetings to you and I wish you a success in serving the interests of the nation. I am NC delegate U Soe Naing from Myaungmya Township, Ayeyawady Division.
Mr Chairman,
At the plenary session held on 30 and 31 October, the Work Committee chairman explained points for the Chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in the State constitution.
We members of the delegate group of peasants carried out a careful study of what the Work Committee chairman had explained and compiled a proposal. Now, we would like to present our proposal.
Mr Chairman,
The National Convention prescribed 15 chapters for the detailed basic principles of the State constitution. Of them, the Chapter “Election” says:
(a) Every citizen shall have the right to vote and to stand for election according to law.
(b) Voters concerned shall have the right, in accord with provisions of the State Constitution, to recall elected people’s representatives.
The sphere of these two principles is broad. So, the National Convention has to adopt detailed basic principles for this chapter.
Mr Chairman,
Every nation exercising the multi-party democracy system prescribes necessary basic principles in the State Constitution concerned to ensure that every citizen has equal right to vote and to stand for election in accord with the law.
The right to vote and stand for election covers all the citizens who are eligible to vote. In the process, firstly, it is required to fix the eligible age to vote. In accordance with the tradition of bestowing the right on every eligible citizen at the age of 18 to vote, the point:
“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,
Under the detailed basic principles adopted by the National Convention, Hluttaw members are to be elected to:
(a) Pyithu Hluttaw;
(b) Amyotha Hluttaw; and
(c) Region or State Hluttaw.
In electing members of the Pyithu Hluttaw and the Amyotha Hluttaw, at a constituency, a voter shall cast only a vote for a Hluttaw each at an election.
It is required to elect Hluttaw representatives of national races. So, those who are qualified by law will have to elect representatives township-wise to the Region or State Hluttaw. In addition, other than the national races who have already got the representative Region or State, the remaining national races that meet the requirements will have the right to elect representatives of national races to the Hluttaws concerned who will represent them.
Therefore, regarding the election of people’s representatives to the Hluttaw concerned, the point:
“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.”
should be adopted as a detailed basic principle.
Mr Chairman,
Our country will have to exercise the multi-party democracy system. So, our country should practise ballot in electing people’s representatives.
Therefore, regarding ballot, the point:
“Ballot shall be exercised.”
should be adopted as a detailed basic principle.
Moreover, regarding restriction to give no right to vote to certain sorts of people, the 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;
(e) persons who are banned from voting under the election law.”
should be adopted as a detailed basic principle.
Mr Chairman,
In the interests of the electorate concerned, a candidate should stand for election at the constituency only he has already planned, rather than doing so again at another constituency.
It is found that in exercising the multi-party democracy system with flourishing discipline, a candidate should be permitted to stand for election at a constituency for a Hluttaw only.
So, the 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 a detailed basic principle.
Mr Chairman,
Some of the detailed basic principles the National Convention has laid down are connected with the delineation of the boundaries of Union territories. 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, 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 two legislative bodies of the Pyidaungsu Hluttaw.
Moreover, after a Region or State Hluttaw member from a township or constituency in a Region or State is elected, and that township or constituency is prescribed under extraordinary circumstances as a Union territory by the Pyidaungsu Hluttaw with respect to national defence, security, administration, and economic affairs, the said township or constituency will be under direct rule of the Union President.
In this regard, the Pyidaungsu Hluttaw is solely responsible for prescribing necessary laws for that township or constituency. And the Region or State Hluttaw no longer needs to prescribe necessary laws for that township or constituency. So, a Region or State Hluttaw member elected in that township or constituency should no longer stand as a Region or State Hluttaw member.
Therefore, regarding elections for Union territories, the 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,
An already-laid down basic principle on election has bestowed rights on every citizen to vote and stand for elections in accord with the law. Every citizen can enjoy such rights only when these rights are manifested in the Constitution. Therefore, the right of citizens to stand for elections, the 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”
should be adopted as a detailed basic principle.
Mr Chairman,
A Hluttaw member is the one on whom the people can place their reliance. Electorate concerned should have the right to recall a Hluttaw member who commits treason, violates any provision of the Constitution, commits misbehavior, 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.
After receiving such complainant document, the Election Commission should conduct an investigation into the case in accord with the law. 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.
Therefore, regarding the procedures on recall, the 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 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”
should be adopted as a detailed basic principle.
Mr Chairman,
The Work Committee chairman in his clarification said that 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 global changes, necessary laws should be prescribed in accord with the resolutions of the Pyidaungsu Hluttaw.
Therefore, regarding election and recall, the point:
“The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.”
should be adopted as a detailed basic principle.
Mr Chairman,
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, making 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.
As 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.
Mr Chairman,
The chairman and members of the Pyidaungsu Election Commission should have due qualifications. Having to carry out demanding tasks, such persons should be the ones
with security outlook, political outlook, legal outlook and administrative outlook. And they should be the ones who are well-experienced with prestige and good characters. Besides, such persons should be the ones aged above 50 years.
In accord with these policies, a detailed basic principle should be adopted that except the restriction on age, a Pyithu Hluttaw member shall possess due qualifications.
Mr Chairman,
The chairman and members of the Pyidaungsu Election Commission will have to take responsibilities for elections stipulated in the Constitution. So, such persons are the ones loyal to the State and the people. And they should not be members of a political party so that they will be able to carry out electoral tasks without attachment to their parties and factionalism. So, the chairman and members of the Pyidaungsu Election Commission should not be Hluttaw members. The chairman and members of the Pyidaungsu Election Commission need to carry out their tasks in consistency with the law, so except the positions in the Commission, they should not accept any other positions through which they can enjoy salaries and allowances.
Therefore, regarding the formation of Pyidaungsu Election Commission, the 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,
It is perceived that the Pyidaungsu Election Commission plays an important role in the drive for the emergence of genuine multi-party democracy system with flourishing discipline.
The Commission will have to discharge these functions and to discharge the tasks prescribed in the election laws in addition to the original duties stipulated in the provisions of the State constitution. It also has to carry out the tasks assigned to it under the laws promulgated by the Pyidaungsu Hluttaw.
So, a point “discharging duties assigned under a law” should be prescribed in the duties of the Election Commission. Therefore, regarding 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 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 election 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.”
should be adopted as detailed basic principles.
Mr Chairman,
A member of any organization to be formed under the future Constitution can be blamed and charged for any of the following reasons:
(1) treason;
(2) violation of any provision of the Constitution;
(3) misbehaviour;
(4) lack of qualifications set by the Constitution for a Hluttaw member;
(5) incompetent discharge of duties.
Therefore, regarding the matters on blaming and charging the chairman or a member of the Pyidaungsu Election Commission, the point:
“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.”
should be adopted as a detailed basic principle.
Mr Chairman,
Regarding resignation, a vacant seat of or retiring from civil service of a member of the Pyidaungsu Election Commission, the points:
(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 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 of other reasons, the President may appoint a new chairman or a member of the Pyidaungsu Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.”
(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.”
should be adopted as detailed basic principles.
Mr Chairman,
The Pyidaungsu Hluttaw Election is a body capable of making a correct decision on election or political parties. So, the decisions of the commission should be final.
Therefore, regarding decisions of the Pyidaungsu Election Commission, the point:
“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.”
should be adopted as a detailed basic principle.
Mr Chairman,
A detailed basic principle should be adopted to refer to responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws to designate their responsibilities, powers and rights.
That matter should be prescribed in a separate law instead of adopting it as a detailed basic principle in the State Constitution.
Therefore, regarding the designation of responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission, the points:
“Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.”
“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,
If there is no explanation about the stay of national people who went abroad for further study with the permission of the government, on business or on personal affairs, disputes may arise in future. Now, the nation is practicing 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,
U Mahn Abi of Hpa-an Township in Kayin State will read out the next part of our proposal.
Political Parties
Mr Chairman and National Convention delegates,
I am U Mahn Abee, a delegate of the National Convention of Hpa-an Township, Kayin State. I will now read the proposal paper on the chapter “Political Parties”.
Mr Chairman,
The role of political parties in the future discipline flourishing democratic state will be of vital importance. Myanmar practised parliamentary democracy system after she gained independence. But it was parliamentary democracy in name only, as the nation was facing the attempts to solely dominate the politics and give priority only to self-interest and power.
The State Law and Order Restoration Council held a multipatry democracy general election in 1990. There were 235 parties in the nation where 48 million people of 135 national races lived. But only 93 parties stood for the election and 27 won representatives in the election. There are now only ten legally registered political parties. There cannot be a nation with such a large number of political parties in the world.
The existence of a large number of parties is due to lack of public political awareness which is a result of the evil consequences of history. The over 14 years of multiparty democracy in Myanmar after the independence were rigged elections, murders, abductions and abuse of constitution, during which people could not enjoy the essence of democracy. As the nation practised the single party for 26 years, multiparty democracy became a legend. During the single party system, public interest in politics was just superficial.
The countries whose peoples have high political awareness have a very few number of political parties, and in the countries whose peoples have less experience in politics have a large number of political parties. For example, the US has only two main parties and England, three, while Poland has 15 parties and Czech 27.
Mr Chairman,
More or less, the weak points and advantages of the registration law can have impact on the political parties. If a large number of small parties stand for the election, people will find difficulties in choosing the candidates, and the formation of a majority government in the parliament will not be easy. And there cannot be a stable government. Hence, there are limitations in the number of parties as there should be a few number of large and strong political parties.
As in some countries the limitation should be centered on a party’s ability to take part in an election, that is limited at half the number of constituencies, the policies and work programmes of a party, membership strength, financial capacity, and the ability to accept the inspection of its membership strength by the Union Election Commission.
The political parties should be the organizations that give priority more to the interest of the nation and the people than self-interest. They should be the parties that can
cooperate with the opposition for the benefit of the state and the people whether they win in the election or not. The ruling party should stay away from bullying the opposition parties and conducting dictator-like acts. Hence we will have to draw a constitution that is in conformity with the future nation, while taking the past events as lessons.
We agree that the following points should be adopted as detailed basic principles the political parties should keep their fore.
1. Political parties set the objective — nondisintegration 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 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;
(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 abovementioned 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.
U Haung Jone, a delegate of the National Convention of Waingmaw Township, Kachin State, will read the proposal paper on the chapter “Provisions on State of Emergency”.
Waingmaw Township, Kachin State.
Mr Chairman and National Convention delegates,
I am U Haung Jone, a delegate of the National Convention of Waingmaw Township, Kachin State. I will now read the proposal paper on the chapter “Provisions on
State of Emergency”.
Mr Chairman,
If the administrative machinery cannot run in a normal situation, it is necessary for the President to declare a state of emergency to restore the situation in time. It will be more beneficial to the State if the President issues the declaration only after making due consideration with an organization or a person responsible for the nation’s defence and security. Hence, we agree to adopt the following detailed basic principle.
“1. If the President learns that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”
Mr Chairman,
The ineffectiveness of the administrative machinery will lead to jeopardizing the community peace and the rule of law. In such situation, it is specially necessary for the President of the State to be empowered to exercise executive power to restore the rule of law and the community peace. 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. The following point should be adopted as detailed basic principle.
“2. In the matters concerning the declaration of a state of emergency in accord with the paragraph 1, the President shall have the power to:
“(a) exercise the executive power of the Region or State or Self-Administered Area concerned. Moreover, he shall form a suitable organization and entrust the executive power to an organization concerned, or to a suitable person.
“(b) In doing so, out of the legislative matters of the respective Regions and States and the Self- Administered Areas, the President shall have the power to exercise the legislative power concerning the executive affairs. But the legislative power shall not be entrusted to any organization or any person.”
Mr Chairman,
Persons taking advantage of the ineffectiveness of the administrative machinery may harm public lives and plunder of their property. In this situation, the President will have to declare a state of emergency after consulting with the National Defence and Security Council. But if not all the members of the National Defence and Security Council are present at the meeting with the President, he should declare a state of emergency after making coordination with the Commander- in-Chief of Defence Services, the Deputy Commander- in-Chief of Defence Services, the Minister of Defence
and the Minister of Home Affairs, who are the NDSC members. We are in favour of adopting the following detailed basic principle.
“3.(a) when there arises or there is sufficient reason to occur a state of emergency endangering life and property of the people in a Region or a State or a Self-Administered Area or in any part of them, the President after consulting with the National Defence and Security Council may issue an order having the force of the law to declare a state of emergency.
“(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President, may after coordinating with the Commander- in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”
Mr Chairman,
There are many examples in which a nation has to take the assistance of the Armed Forces in a state of emergency. It is necessary for the President to issue a martial law if a state of emergency he has declared is not effective as it should be. In our view, the following detailed basic principle should be adopted.
“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 Defence Services. The Commander- in-Chief of Defence Services shall exercise the powers and functions himself or empower them to a suitable military officer.”
Mr Chairman,
The ordinance issued by the President should include the fixed time and the specific area. If the President declares a state of emergency, the people of the inclusive area cannot enjoy all the rights ensured by the Constitution. It will be difficult to differentiate between the good and the bad during the time efforts are being made to restore stability, regional peace and the rule of law because of the unrest ruled by anarchy. Hence, a provision or more than one provision concerning the fundamental rights of citizens should be restricted during the time.
“5. The President when issues an ordinance having the force of law and declares a state of emergency, shall:
“(a) specify the area covered by the ordinance and the duration.
“(b) if necessary, restrict or revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.”
Mr Chairman,
The President 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. Hence, we support the adoption of the following detailed basic principle.
“6. The President from the date of the promulgation shall present the measures taken in accord with the paragraphs 1 and 2 and the measures taken in accord with the paragraphs 3 and 4:
“(a) to the nearest Pyidaungsu Hluttaw session within 60 days for approval.
“(b) shall cause to convene a special session of the Pyidaungsu Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days.”
Mr Chairman,
The power to issue an ordinance is vested in the President in accord with the rules. The following detailed basic principle should be laid down concerning the ordinance issued by the President to be in force with the approval of the Pyidaungsu Hluttaw till the required date and the ordinance that will cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.
“7. (a) If the Pyidaungsu Hluttaw session approves the submission of the President concerning the matters prescribed in the paragraph 6, the ordinance having the force of law shall be still in force till the fixed time and date.
“(b) In addition to the approval, if the period of the ordinance is
extended, the ordinance having the force of law shall be still in force till the extended time and date.
“(c) The ordinance shall cease to have effect from the date on which it is
disapproved by the Pyidaungsu Hluttaw session.”
Mr Chairman,
If there arises a situation heading for the 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 should declare a state of emergency. Concerning the matter, the following detailed basic principles should be adopted.
“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.”
Mr Chairman,
When the President transfers the State power to the Commander-in-Chief of Defence Services, the latter will have to enact necessary laws. 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. Hence, we are in favour of adopting the following detailed basic principle.
“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 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-Presidents, 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 Defence Services.”
Mr Chairman,
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. The following detailed basic principle should be adopted.
“10. The Commander-in-Chief of 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 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.”
Mr Chairman,
The Commander-in-Chief of 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. Thus, the following detailed basic principle should be adopted.
“11. The Commander-in-Chief of 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.”
Mr Chairman,
If the Commander-in-Chief of Defence Services cannot complete the duties empowered to him by the President in the stipulated time, whether the President has the power to extend the period, and the length of time for extension should submit it to the Pyidaungsu Hluttaw.
“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 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 Commanderin- Chief of Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in- Chief of 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 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 Defence Services. The following detailed basic principle should be adopted.
“13. The President shall, after receiving the report of the Commander-in-Chief of Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of 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 Defence Services if the term of the Pyidaungsu Hluttaw is ended.”
Mr Chairman,
When the Commander-in-Chief of 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. Hence, the President will have to re-constitute all the levels of the State administrative machinery in accordance with the Constitution. We agree to adopt the following point.
“14. The President shall, after receiving the report of the Commander-in-Chief of 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.”
Mr Chairman,
Hluttaws exist only during their term. Although the term of the Hluttaws has ended, the Commander-in-Chief of Defence Services will exercise the three organs of power in accord with the Constitution. The Commanderin- Chief of Defence Services in exercising the State power will have to consult with the NDSC to achieve greater success in his functions. Although, the terms of Hluttaws have ended, the President, the Vice-Presidents, the Speakers of the Pyithu Hluttaw and 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. We are in favour of adopting the following point.
“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.”
Mr Chairman,
If the Commander-in-Chief of Defence Services asks together with reasonable ground to extend the period of martial law as he has not completed the functions yet, the NDSC should give the permission. Hence, the following detailed basic principle should be adopted.
“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 Defence Services has not yet accomplished his duty assigned to him.”
Mr Chairman,
If the Commander-in-Chief of Defence Services submits the report on completion of his functions in accordance with the paragraphs 8 and 9 to the NDSC, the NDSC should annul the order to empower the Commander-in- Chief of Defence Services to exercise State power in accordance with the paragraph 9.
As regards the matter, the following detailed basic principle should be adopted.
“17. In connection with the matter of transferring the State power to the Commander-in-Chief of 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 Defence Services shall, declare to annul the order empowering the Commander-in-Chief of Defence Services to exercise State power in accord with the paragraph 9.”
Mr Chairman,
The President after annulling the order to empower the Commander-in-Chief of 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. 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. Hence, the following point should be adopted.
“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.”
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. The following detailed basic principle should be adopted.
“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.”
Mr Chairman,
The National Defence and Security Council should hold a general election in accord with the provisions of the Constitution to form the Union government and the leading bodies of the Regions, States, Self-Administered Division and Self-Administered Zones. In accord with the matter, the following detailed basic principle should be adopted.
“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.”
Mr Chairman,
To run the State administrative machinery normally, the NDSC will form the bodies included in the paragraph 19 and assign duties to them. In accord with the matter, the following detailed basic principle should be adopted.
“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.”
Mr Chairman,
The NDSC should exercise the sovereign power of the State on behalf of the President.
Hence, the following detailed basic principle should be adopted.
“22. The National Defence and Security Council shall exercise the State power in the name of the President.”
Mr Chairman,
We would like to give a suggestion to adopt the following detailed basic principle.
“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 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 and National Convention delegates,
The delegates of peasants group find that all the 14 points of the chapter “Election”, the six points of the chapter “Political Parties” and the 23 points of the chapter “Provisions of State of Emergency” are appropriate to be adopted as detailed basic principles.