The following is the proposal submitted by the Delegate Group of Workers 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 6-12-2006.
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, I wish you all physical and mental wellbeing.
I am representative U Soe Win of the delegate group of workers of Aungmyethazan Township in Mandalay Division. I would like to read the proposal of the delegate group of workers for the points that should be adopted as detailed basic principles for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in the State constitution. Representatives of workers: U Win Myint of Nyaungshwe Township in Shan State (South), U Tint Naing of Monywa Township in Sagaing Division and U Kyi Myint of Thayawady Township in Bago Division cooperate with me in reading the proposal.
Mr Chairman,
The National Convention has adopted detailed basic principles for eight of the 15 chapters in drawing the State constitution.
One of the detailed basic principles adopted for the Chapter “The State” says “Sovereign power of the State is derived from the citizens and is in force in the whole country”.
In the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”, an adopted detailed basic principle says,
(a) 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.
(b) Respective constituency shall have the right to recall a Hluttaw member in accord with the law. And in the ninth Chapter “Election”, an adopted
detailed basic principle 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 basic principles is quite delicate and wide. Accordingly, based on these two basic principles, it is required of the National Convention to lay down detailed basic principles for the Chapter.
Mr Chairman,
In a nation exercising the multi-party democracy system, every citizen should have equal right to vote and to stand for election in accord with the law. The right to elect a people’s representative to a Hluttaw covers all citizens who are eligible to vote, so it is required to fix the voting age in accordance with the law for those eligible citizens. Some countries fix voting age at 18 or 21 years. In the 1947 constitution and the 1974 constitution of our nation, the voting age was fixed at 18 years.
Mr Chairman,
According to the detailed basic principles the National Convention has adopted, in electing members of the Pyithu Hluttaw and the Amyotha Hluttaw and the Region or State Hluttaw, a voter shall cast only a vote for a Hluttaw each. In this regard, a regulation should be prescribed as to casting such a vote. The countries practicing the multiparty democracy system set ballot to elect people’s representatives. Ballot is a just system because with it, the voters can express their desire freely without any worry and fear. So, regarding the electing of people’s representatives, the points:
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 accordance 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.
should be adopted as detailed basic principles.
Mr Chairman,
It is needed to designate such kinds of persons who should not enjoy the right to elect representatives to Hluttaws such as members of the Religious Order, 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, persons who are banned from voting under the election law. So, regarding the restriction on giving no right to vote to certain sorts of people, the point:
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;
(e) persons who are banned from voting under the election law.”
should be adopted as a detailed basic principle.
Mr Chairman,
A candidate should be given opportunity to stand for only an election for a Hluttaw at a constituency, so, the point:
3. “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,
One of the detailed basic principles of the Chapter “State Structure” the National Convention has adopted says:
Designation of Union territories
(a) Yangon City, that is the Capital of the Union, is delineated as Union territory placed under direct administration of the President of the Union.
(b) Cocogyun Township which has a special situation is designated as Union territory and placed under direct administration of the President of the Union.
(c) If the need arises to designated areas that have special situation in connection with national defense, security, administration and economy ect. as Union territories they may be so designated as Union territories after enacting laws.
So, for the Hluttaw members of Union territories or the constituencies designated as Union territories, the points:
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.
should be adopted as detailed basic principles.
Mr Chairman,
The already-adopted detailed basic principles on election bestow the right to vote and to stand election in accordance with the law upon the citizens, so such right should be prescribed in the State constitution. Therefore, regarding the right of every citizen to stand for election, the point:
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.
should be adopted as a detailed basic principle.
Mr Chairman,
According to the detailed basic principles in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”, and the detailed basic principles on election, electorate concerned should have the right to recall a Hluttaw member whom they have elected in accordance with the provisions manifested in the State constitution. In this regard, a detailed basic principle should be adopted to ensure systematic approach. It is required to prescribe
offences for which a Hluttaw member is to be recalled if he commits any of them, to fix the minimum percent of the initial number of the voters to complain to the Election Commission, and to designate an organization to handle such a case, and the right of the accused Hluttaw member to refute the complaints.
So, the point:
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) 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 a detailed basic principle.
Mr Chairman,
The National Convention delegates are now holding discussions to adopt the detailed basic principles on election and recall. Maybe, the system of electing a Hluttaw member from a constituency each will be replaced with a better system. Then, that calls for prescribing of necessary laws that meet the decisions of the Pyidaungsu Hluttaw.
So, the point:
7. The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.
should be adopted as a detailed basic principle.
Mr Chairman,
One of the six objectives prescribed in the basic principles in the National Convention has laid down is “Flourishing of a genuine multi-party democracy system”. A detailed basic principle “The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties” has adopted for the Chapter “Political Parties”. So, it is required to form an organization to implement the election laws and the laws prescribed for the political parties.
We learnt that in the past, our nation appointed a chief election commissioner and formed the election commission, the commission for holding elections, and the multi-party democracy general election commission to control and supervise the elections.
Therefore, regarding the qualifications of members of the Pyidaungsu Election Commission, the points:
8.(a) The President shall form a Pyidaungsu 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 ChiefJustice 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 an advocate for at least 20 years; (or)
(dd)are deemed to be celebrities withprestige by the President.
(4) are well-experienced with good characters.
(5) comply with provisions, under 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,
After the Pyidaungsu Election Commission is formed, it is required to set specific responsibilities for it. The commission plays a major role in a bid to ensure flourishing of a genuine multi-party democracy system. Under the future State Constitution, elections will be held in accord with the law to elect members to the Amyotha Hluttaw, the Pyithu Hluttaw and the Region or State Hluttaw. Under the future State Constitution, elections will be held in accord with the law to elect members to the Amyotha Hluttaw, the Pyithu Hluttaw and the Region or State Hluttaw. The Pyidaungsu Election Commission will have to discharge various functions such as supervising elections in accordance with the law to ensure free and fair elections; forming sub-commissions at different levels that will have to provide close supervision on the elections to be held across the nation; making and arranging constituencies; making and arranging lists of eligible voters; issuing rules, procedures and directives on election or political parties; putting off elections that are not in a position to be held in a free and fair way currently; issuing rules, procedures and directives on election and political parties in accordance with the law; and forming election benches to investigate and handle electoral disputes.
So, regarding responsibilities of the Pyidaungsu Election Commission, the point:
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 tobe held in a free and fair way in someconstituencies 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 a detailed basic principle.
Mr Chairman,
If necessary, the chairman and members of the Pyidaungsu Election Commission should be impeached in accord with the provisions prescribed in the State Constitution on impeaching the Union Chief Justice or any of Union Supreme Court judges. Therefore, regardingimpeaching the chairman or a member of the Pyidaungsu Election Commission, the point:
10. “If the President has to impeach 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,
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, or death, a new chairman or a member of the Pyidaungsu Election Commission should be appointed. Vacant seats of the chairman or members of the Pyidaungsu Election Commission should be filled with suitable persons from both inside or outside State service. But, among the requirements is a restriction—any other positions from which they can enjoy salaries and allowances. If the chairman or a member of the Commission is a government employee, he has to retire from civil service in accord with existing civil service rules and regulations. So, the points:
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 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,
Some of the members of the Pyidaungsu Election Commission to be formed under the future State Constitution will possibly be legal experts. So, the commission should be vested with the duties in accord with the law to complete electoral procedures and appeals, notes of electoral complaints, and cases regulating political parties. Regarding these matters, the point:
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.”
should be adopted as a detailed basic principle.
Mr Chairman,
The chairman and members of the Pyidaungsu Election Commission will have to tackle such formidable tasks steadfastly. It is required to prescribe their responsibilities, powers and rights in the State constitution, so, the points:
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.
should be adopted as detailed basic principles.
Mr Chairman,
Regarding the requirements for members of the Pyithu Hluttaw, one of the detailed basic principles for the Chapter “Election” says “a Pyithu Hluttaw member shall be the one who have settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected”. The stay of national people who went abroad for further study under the permission of the government, on business or on personal affairs 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,
I have presented our views about the suitable points for the Chapter “Election”. The points from No 8 to No 14 are related to formation of the Pyidaungsu Election Commission and its responsibilities, powers and rights, and they will be dealt after the President of the State is elected when the State constitution comes into force and the Pyidaungsu Hluttaw is formed.
After the State constitution comes into effect, members of the Hluttaws at different levels will be elected, political parties will be formed and arrangements will be made so that candidates will stand for election. These tasks call for an organization.
Mr Chairman,
The State Peace and Development Council will have to discharge electoral tasks until it forms various organizations to convene the first session of the Pyithu Hluttaw. So, the SPDC will have to form a commission for holding elections and sub-commissions at all levels.
So, we members of the delegate group of peasants would suggest that the 14 points for the Chapter “Election” and an additional point, totalling 15 points explained by the Work Committee chairman should be adopted as detailed basic principles.
National Convention delegate U Win Myint of Nyaungshwe Township in Shan State (South) will read the next part of our proposal.
Delegate Group of Workers.
Political Parties
I am U Win Myint of Delegate Group of Workers of Nyaungshwe Township, Shan State (South).
Mr Chairman,
The delegate group of workers has studied and discussed in detail the points explained by Chairman of the National Convention Convening Work Committee U Aung Toe at the plenary session of the National Convention held on 30 October 2006.
According to our historical lessons, we fully accept the vital importance of the national unity. If we have national unity, no country or organization can intrude or disturb us. There are unforgettable events of alien intrusion and interference we had faced in history because of the lack or break up of the national solidarity.
Till now, our nation is facing outside instigation to break up her unity. The fragmentation of the national unity will be followed by the disintegration of the Union, and in the end we all will lose our independence and sovereignty.
As our nation is going to practise multi-party democracy system, political parties will be formed in the nation in accord with the law. They will lay down and realize their objectives, work programmes and directives. And the parties will have to uphold Our Three Main National Causes stipulated in the future Constitution.
We would like to suggest that the point “Political parties set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty” should be adopted.
Mr Chairman,
Democracy is a political system desired by all. It accepts the noblest and worthiest of the worldly values — justice, liberty and equality. The country after regaining independence has experienced the multiparty system
administration and the socialist rule.
Democracy and monocracy are thinly separated from each other. We cannot forget the unrest during which the country nearly fell into an abyss because of anarchy and monocracy.
The political parties will have to educate the entire nation to correctly understand and practice the true democratic essence and enable them to exercise well the discipline-flourishing democratic practices of the future Constitution.
Politics is public affairs. The State power originates in the people. The people should have constant interest in the national politics — the duty to elect persons that can truly, properly and effectively serve the national interest, with full loyalty to the State.
The political parties and their members should be the models in abiding by the Constitution and existing laws as they have the duty to steer the country towards the right course.
Hence, the following point should be adopted.
A political party shall:
(a) accept and practise discipline-flourishing genuine multiparty democracy.
(b) abide by the Constitution and the existing laws.
(c) be legally registered as a political party.
Mr Chairman,
The nation will develop only if it is headed by firm and systematically-established political parties. As the future constitution will practise multiparty democracy system, the political parties will have the right to assemble and the right to organize the people freely. But the right should be in accord with the law, and no lawlessness, violence and foreign dominance will be accepted.
The parties should have the conviction to discard their interest if it is the matter between their interest and the public interest. Only then will they be accepted by the people as the organizations capable of leading them and keeping in the fore public interest.
The following detailed basic principle should be adopted. In accordance with the law, a political party shall have the right to:
(a) organize freely;
(b) to stand for elections.
Mr Chairman,
Today’s international events are so confusing and delicate. There are alliances to work closely and sincerely for economic, political, security, defense and technology propagation purposes. On the other hand, there are also some forces trying to put other countries under their domination with economic, political, security, military and technological cooperation as the pretext.
They are countries or organizations in various forms and under various names. They are penetrating many nations by approaching individuals with support, gifts and titles.
We have historical lessons that some of the political parties, persons and organizations were under the alien political, economic and military dominance in the past.
We should take those events as lessons. And we should have parties that are legally formed to serve public interest. There should not be any party that accepts alien domination and that is inviting the colonialists to break up the Union. There should be principles to revoke the registration of such parties. Hence we suggest to adopt the following detailed basic principles.
“1. The continued existence of a political party shall not be permitted if :
(a) it has been declared as an unlawful association in accord with the existing law.
(b) it contacts or abets the insurgent group waging the armed rebellion against the State or the association or persons determined by the State to have committed terrorist acts or the association declared to be unlawful association directly or indirectly.
(c) it directly or indirectly receives financial, material and other assistance from the government or a religious association, or any other association or an individual person of a foreign country.
(d) it abuses religion for political purpose.
2. If the body having the authority to register political parties
finds that a political party is connected with anyone of the points stated in the above-mentioned sub-paragraphs (a), (b), (c) or (d), the party’s registration shall be revoked.
Mr Chairman,
The delegates of the National Convention have been discussing and adopting firm fundamental principles to build a discipline-flourishing democratic state in the future. The parties will have to take a prestigious role in the disciplineflourishing democratic state. The future constitution will enact laws for the political parties to stand with dignity. The parties that are formed and running organization campaigns in accord with the law should serve the interest of the nation and the people resolutely. Only then will all be able to build a new peaceful, modern and developed nation swiftly. The parties should be free from all personality cult, and ideological, racial and factional prejudices in serving the interest of the nation and the people with heart and soul. Concerning the matter, the Pyidaungsu Hluttaw should enact necessary laws. Hence the following detailed basic principle should be adopted.
“The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.”
Mr Chairman,
A nation will develop only if it is headed by firm and systematically-established political parties. As for the existence of such parties, appropriate principles should be adopted to the constitution, and the political parties should be formed systematically according to the provisions contained in the
constitution without undermining the essence of multiparty democracy. The National Convention will have to adopt the detailed basic principles concerning the political parties.
We agree that all the six points explained by the Work Committee Chairman in connection with the chapter “Political Parties” should be adopted.
U Tint Naing, a representative of delegate group of workers of Monywa Township, Sagaing Division, will continue to read the paper.
I am U Tint Naing, a representative of delegate group of workers of Monywa Township, Sagaing Division.
Mr Chairman,
I will now discuss the chapter “Provisions of State of Emergency”.
A state of emergency occurs in a nation where there arises a threat endangering the national defense 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 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.
The constitutions of some nations and the 1947 Constitution and the 1974 Constitution of Myanmar include the provisions concerning the state of emergency. The new constitution also should stipulate prescriptions concerning the matter.
According to the detailed basic principles adopted by the National Convention, Regions and States and Self-Administered Areas will be designated and set up. The legislative, executive and judicial powers will also be shared with the Regions and States and Self-Administered Area.
In sharing the three organs of power, the constant running of the State administrative machinery is of vital importance. The administrative machinery will become ineffective because of the deficiencies and weaknesses of the administrative bodies or because of the unscrupulous persons trying to make gains out of those weaknesses. The administrative machinery’s failure to run in a normal situation is an ominous sign for the rule of law and community peace. In this situation, it is necessary for the President to declare a state of emergency to restore the situation in time.
The act of declaring a state of emergency in an area is a very important task that needs extra care. The matter should not be decided by a single person. Failure to declare a state of emergency in time will lead the problem to spread to other areas till it becomes out of control. If necessary issuance of the declaration is delayed because of a heedless decision will harm the political, economic and social stability of the State. Hence, it will be more beneficial to the State if the President issued the declaration only after making due consideration with National Defense and Security Council formed according to the Constitution.
As regards the declaration of a state of emergency, the following detailed basic principle should be adopted.
“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 Defense and Security Council, issue order having the force of law to declare a state of emergency.”
Mr Chairman,
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 in an area where a state of emergency has been declared. 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. In addition to exercising the executive power, the President should exercise the legislative power of the area which is in a state of emergency. But it should be the legislative power that concerns only the executive functions. It will be more appropriate if the President exercises the legislative power that can be exercised only by the Hluttaw of the respective areas as the Hluttaw is the legislative body.
Hence, the following detailed basic principle should be adopted. The said detailed basic is concerned with the exercising of the executive power and the legislative power in the areas where a state of emergency has been declared.
“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,
In accord with the saying, which goes, “The predator is happy when the forest is on fire”, looters taking advantage of the situation may harm public lives and plunder of their property in a state of emergency. The President will have to declare a state of emergency after consulting with the National Defense and Security Council in advance to protect public lives and property and restore regional stability, community peace and the rule of law. But if not all the members of the National Defense and Security Council are present at the meeting with the President, he should declare a state of emergency after making coordination with the Commanderin-Chief of Defense Services, the Deputy Commander-in- Chief of Defense Services, the Minister of Defense and the Minister of Home Affairs, and the matter must be submitted to the NDSC soonest for approval.
If there arises a situation endangering public lives and property in a Region or a State, or a Self-Administered Area or in any part of them, the President will have to declare a state of emergency. Concerning the matter, the following detailed basic principle should be adopted.
“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 Defense 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 Defense and Security Council can attend the meeting in which the President consults with the National Defense and Security Council as prescribed in the above paragraph (a), the President, may after coordinating with the Commander-in-Chief of the Defense Services, the Deputy Commander in-Chief of the Defense 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 Defense and Security Council soonest for approval.”
Mr Chairman,
If the situation arising from the ineffectiveness of the administrative machinery of an area is beyond the capacity of an organization or a person to restore stability and the administrative machinery back to normal, and when another situation arises to endanger public lives and property, local administrative organizations and civil organizations will be unable to control it. Moreover there will be disturbances against the functions of those organizations. In those circumstances, the local administrative bodies and civil bodies of the respective areas will surely need the Tatmadaw’s assistance.
Martial law should be issued, if the measures being taken by the local administrative and civil bodies with the help of the Tatmadaw are ineffectiveness and the danger is not dying down as it should be. The decree of martial law should include administrative powers and functions and judicial powers and functions of the administrative bodies.
The following detailed basic principle—to take Tatmadaw’s assistance and to issue martial law when necessary in an area in a state of emergency—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 administrative official.”
Mr Chairman,
The ordinance issued by the President to declare a state of emergency or martial law 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 should be restricted during the time.
Concerning the issuance of an ordinance having the force of law by the President, the specification of the inclusive area and duration, restriction of or cessation of the fundamental rights of citizens, the following detailed basic principle should be adopted.
“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.
Concerning the matter of seeking Pyidaungsu Hluttaw approval by the President after promulgation of an ordinance to declare a state of emergency, the following detailed basic principle should be adopted.
“6. The President from the date of the promulgation hall 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 old a session within 60 days.”
Mr Chairman,
We agree to adopt the following detailed basic principle concerning the ordinance issued by the President to e in force with the approval of the Pyidaungsu Hluttaw till he 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 orca 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,
In certain cases, the nation may lose independence and sovereignty because of insurgency, unrest and terrorist acts it faces in a certain area or region or in the whole of it. We are in support of adopting the following detailed basic principle.
“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 Defense 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,
The President in proclaiming the ordinance should transfer the State power to the Commander-in-Chief of the Defense Services to restore the national situation to normal soon and to act as necessary. The President, the Vice-Presidents, members of the Union Government, members of the governments of Regions and States and the Self-Administered Areas are terminated from their duties and powers beginning from the date the State power is transferred to the Commander in-Chief of Defence Services.
The President who transfers the State power to the Commander-in-Chief of Defense Services and the Vice-Presidents should continue to remain in their same official positions without being terminated from active duty.
The situation will be confusing if the respective Hluttaws also have the power to enact laws. Hence, the President should cease the power to enact laws of those Hluttaws at the time when the President has empowered the Commander-in-Chief of Defense Services to exercise the State power.
If the national peace and stability is restored to normalcy during the one-year period, the Commander in- Chief of Defense Services will transfer the State power back to the President who had entrusted the State power to him. If the term of the respective Hluttaws is not ended yet when the Commander-in-Chief of Defense Services transfers back the State power to the President, those Hluttaws should carry out the legislative functions till the end of the term. But if their term is ended, those Hluttaws are automatically dissolved.
Concerning the matter, the following detailed basic principle should be adopted.
“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 Defense 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 Defense Services.”
Mr Chairman,
We are in favor of adopting the following detailed basic principle concerning the empowerment of a suitable organization or a suitable person to exercise the executive and judicial powers.
“10. The Commander-in-Chief of Defense 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 Defense 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.”
The remaining part will be read by U Kyi Myint of delegate group of workers of Thayawady Township, Bago Division.
Mr Chairman,
Commander-in-Chief of the Defense 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.
Concerning the restriction of fundamental rights of citizens during a state of emergency, 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,
The President should submit the matter concerning the empowerment of State power to the Commander-in-Chief of Defense Services at the Pyidaungsu Hluttaw if it is in session and convene an emergency session of the Pyidaungsu Hluttaw to present the matters if the Pyidaungsu Hluttaw is not in session. For the matter concerning the extension of the period, he should convene an emergency session to submit the matter to the Pyidaungsu Hluttaw. It is assumed that it will be appropriate only if the President submit a separate report concerning the matter.
Hence, concerning the report and extension of the period in transferring the State power, the following detailed basic principles should be adopted.
“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 Commander-in-Chief of Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in- Chief of Defense 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.
Concerning the matter, 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 Defense 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.
All the members of the organizations and members f the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the resident and the Vice-Presidents, assigned with the ccent of the Hluttaws in accordance with the Constitution re terminated from their duties. Hence , the resident will have to re-constitute all the levels of the tate administrative machinery in accordance with the constitution.
Hence, the following detailed basic principle hould be adopted.
“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,
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. The following point should be adopted.
“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,
We agree to adopt the following detailed basic principle.
“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 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.”
Mr Chairman,
If the Commander-in-Chief submits the report on completion of his functions to the NDSC, the NDSC should annul the order to empower the Commander-in-Chief of Defense Services to exercise State power. 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 Defense Services by the President after declaring a state of emergency, the National Defense and Security Council shall, after receiving the report on the completion of the functions of the Commander- in-Chief of Defense Services shall, declare to annul the order empowering the Commander-in-Chief of Defense 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 Defense Services to exercise the State power will have to hold a general election. A new President should be elected in accord with the Constitution. The President should form the National Defense 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. We agree to adopt the following detailed basic principle.
“18.The National Defense 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 Defense and Security Council shall exercise the legislative power by itself. The National Defense 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. We agree to adopt the following detailed basic principle.
“19. The National Defense 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,
It will be necessary to form the leading bodies of the Regions, States, Self-Administered Division and Self- Administered Zones in accordance with the provisions of the Constitution. The only method to do so is to make preparations to hold a general election. The period to hold the general election should be fixed.
“20. The National Defense 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. We are in support of adopting the following point.
“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 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.
Hence, the following detailed basic principle should be adopted.
“22. The National Defense and Security Council shall exercise the State power in the name of the President.”
Mr Chairman,
During the period of the declaration of a state of emergency or during the time the Commander-in-Chief of Defense Services is provisionally exercising the State power or during the time the NDSC is provisionally exercising the State power, the measures taken by the military bodies and civil administrative bodies and the military and civil personnel on behalf of the President or the Commander-in- Chief of Defense Services or the NDSC should be legitimate. There should be a detailed basic principle concerning the matter. The following detailed basic principle should be adopted.
“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 Defense Services is exercising the State power or during the period the National Defense and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”
We the delegate group of workers unanimously agree to adopt all the 23 detailed basic principles explained by the Chairman of the National Convention Convening Work Committee.