The following is the proposal submitted the Delegate Group of State Service Personnel on the detailed basic principles for the Chapters “Election”, Political Parties” and “Provisions on State of Emergency” be included in State Constitution at the Plenary Session the National Convention in Nyaunghnapin Camp in Hmawby Township, Yangon Division on 6-12-2006.

Mr Chairman, 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 extend greetings to you all.

Mr Chairman and delegates,

I am U Hsan Tun of the Ministry of Mines as well as a delegate of the Delegate Group of State Service Personnel.

We delegates of the delegate group of State service personnel held a meeting on 1 November 2006 and formed three small groups to compile three chapter-wise proposals the points that should be adopted as detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” which were explained by the Work Committee chairman at the Plenary Session held on 30 and 31 October 2006.

The panel of chairmen read out our three draft proposals 6 November 2006 and edited them as necessary. We held meetings of the delegate group of State service personnel on and 8 November 2006 for discussions about the drafts and sought advice and suggestions of the members. On 8 November afternoon, the panel of chairmen and we members held discussions about the three drafts and combined them into a complete proposal of the delegate group of State service personnel. We submitted the proposal to the meeting the delegate group of State service personnel held on 9 November to seek advice and suggestions. Adhering to the sought advice and suggestions, we made some amendments our proposal. It was read out again at the meeting of the delegate group of State service personnel held on 17 November for approval.

I would like to read out the first part of the proposal regarding the Chapter “Election”.

Mr Chairman,

After making a thorough study of the detailed basic principles for the Chapter “Election” clarified by the Work Committee chairman at the plenary session held on 30 and October 2006, we noticed 14 proposed detailed basic principles in total. They are:

1. in electing people’s representatives to Hluttaws,

(a) requirements for the right of a citizen to vote,

(b) the right of an eligible voter to cast a vote only at a constituency for a Hluttaw each,

(c) the right to vote bestowed upon people of national races to elect representatives of national races to the Region or State Hluttaw concerned,

2. those who should not have the right to vote,

3. the right of a candidate to stand for election at an election in a constituency only for a Hluttaw,

4. (a) the right of voters living in Union territories to elect representatives to the Pyithu Hluttaw and the Amyotha Hluttaw only,

(b) to make sure that save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has delineated as a Union territory shall no longer stand as a Hluttaw member,

5. the right of every citizen to stand for election to a Hluttaw if he is not disqualified by this Constitution,

6. (a) reasons to recall a Hluttaw member,

(b) procedures to recall,

7. tasks of the Pyidaungsu Election Commission to prescribe laws regarding matters on election and recall,

8. (a) for the President to appoint at least five members including a chairman for the Pyidaungsu Election Commission,

(b) designation of requirements for appointment of the chairman and members of the Pyidaungsu Election Commission,

9. responsibilities of the Pyidaungsu Election Commission,

10. the President’s impeachment of the chairman of a member of the Pyidaungsu Election Commission,

11. (a)resignation of the chairman of a member of the Pyidaungsu Election Commission,

(b) the power of the President to fill a vacancy of the chairman of a member of the Pyidaungsu Election Commission with a new one, (c) deeming the chairman of a member of the Pyidaungsu Election Commission to have resigned from civil service if he is a government employee,

12.making decisions and measures of the Pyidaungsu Election Commission final,

13. prescribing of laws to designate responsibilities, powers and rights of the chairman of a member of the Pyidaungsu Election Commission, and

14. designation of roles of the chairman or a member of the Pyidaungsu Election Commission to make references. Moreover, the Work Committee chairman presented a point relating to designation of qualifications of members of the Hluttaws for the Chapter “Election”.

He called for advice and suggestions to decide whether 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.

Only through this exception will there be no disputes over such matters.

So, 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.

We perceived that in explaining the 14 points for the Chapter “Election” to be included in the State Constitution, the Work Committee chairman made references to the 1947 Constitution and acts and rules promulgated under that constitution, the 1974 Constitution and acts and rules promulgated under that constitution, historic events of our nation, provisions of the constitutions of many other countries, and the points practised globally.

Mr Chairman,

We noticed that the points the Work Committee chairman clarified are complete and appropriate and reasonable.

Of these 14 points, sub-paragraph (c) of paragraph (11) means as if that sub-paragraph is related to the matter to fill the positions of the chairman and members of the Pyidaungsu Election Commission under sub- paragraphs (a) and (b) of paragraph (11) due to vacancies. We would like to make a suggestion that it will be more appropriate if sub-paragraph (c) of paragraph (11) is added to paragraph (8) as its subparagraph (c).

Mr Chairman,

I would like to suggests that the 14 detailed basic principles:

1. In electing members to Hluttaw—

(a) Every citizen who has turned 18 on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.

(b) Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for a Hluttaw each at a constituency.

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

(d) Ballot shall be exercised.

2. The following persons shall have no right to vote—

(a) members of the Religious Order;

(b) persons serving prison terms;

(c) persons adjudged to be of unsound mind as provided for in the relevant law;

(d) persons who have not yet been cleared from being declared destitute; and

(e) persons who are banned from voting under the election law.

3. “At an election, a candidate —

(a) shall be elected to a Hluttaw only.

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

4. (a) Electorate living in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the Amyotha Hluttaw only.

(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a Union territory shall no longer stand as a Hluttaw member.

5. Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw.

6. (a) A Hluttaw member may be recalled for any of the following reasons —

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) incompetent discharge of duties.

(b) Complaint about the Hluttaw member endorsed by at least one per cent of initial number of the voters of the constituency concerned shall be submitted to the Pyidaungsu Election Commission.

(c) Pyidaungsu Election Commission shall conduct investigation into the case in accord with the law.

(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.

(e) The Pyidaungsu Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law.

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

8.(a) The President shall form a Pyidaungsu Hluttaw Election Commission. In the process, he may appoint at least five members including the chairman of the Pyidaungsu Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.

(b) The chairman and members of the Pyidaungsu Hluttaw Election Commission shall be the ones who —

(1) have turned 50 years of age.

(2) meet, except age limit, requirements set for Pyithu Hluttaw members.

(3) (aa) have served in the post of Union Chief Justice or Union Supreme Court judge; Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)

(bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)

(cc) have practised law as the advocate for at least 20 years; (or)

(dd) are deemed to be celebrities with prestige by the President.

(4)are well-experienced with good characters.

(5)comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.

(6) are loyal to the State and people.

(7) are not members of a political party.

(8) are not Hluttaw members.

(9) do not accept any other positions from which they can enjoy salaries and allowances.

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

(a) holding Hluttaw elections;

(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;

(c) designating and arranging constituencies;

(d) making and arranging lists of voters;

(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;

(f) issuing necessary laws on elections and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;

(g) forming electoral benches to resolve electoral dis-putes;

(h) discharging duties assigned under a law.

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 impeachment of the Union Chief Justice or any of Union Supreme Court judges.

11.(a) If the chairman or a member of the Pyidaungsu Election Commission in service wishes to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.

(b) If the seat of the chairman or a member of the Pyidaungsu Election Commission is vacant due to resignation, termination of responsibilities, death, or any 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.

12. The Pyidaungsu Election Commission’s action and measures over the following matters shall be final —

(a) electoral procedures;

(b) appeals and amendments on electoral benches’ decisions and orders;

(c) matters taken under political party law.

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

14.The role of the chairman of the Pyidaungsu Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws. should be adopted as the detailed basic principles for the Chapter “Election”.

Mr Chairman,

NC delegate Daw San Myint of the State Peace and Development Council Office will read out the next part of our proposal for the Chapter “Election”.

Esteemed Mr Chairman and National Convention delegates,

I will now give suggestions on the chapter “Political Parties” explained by the Chairman of the National Convention Convening Work Committee at the Plenary Session of the National Convention held on 30 October 2006.

Mr Chairman,

Our country is going to adopt a new Constitution soon. The chapter should be clearly stipulated in the Constitution.

The National Convention has already adopted a basic principle “the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system”. The chapter should be included in the Constitution for the burgeoning of genuine discipline-flourishing multiparty democracy and emergence of political parties that will give correct national leadership.

The National Convention should adopt the detailed basic principles concerning the political parties. Explanation will be made on the matter in three parts — (a) Objectives; (b) Procedures; and (c) No right to exist.

Mr Chairman,

The Union of Myanmar that has been under the rule of her own monarchs became a colony after three wars with the colonialists. The first one was in 1824. The nation fell under subjugation in 1885. The nation regained independence on 4 January 1948. But she faced many dangers of insurgency resulting from colonialist instigation. Hence, the Tatmadaw had to safeguard the nation. Every time the Union faced fragmentation, the Tatmadaw had to safeguard it. Time and again, the Tatmadaw has safeguarded the nation.

The neo-colonialists begrudging the unity of the national races of the Union have been making attempts to break up the national unity and the Union through various means to make Myanmar their minion.

All the citizens and political parties should always keep in the fore Our Three Main National Causes as a national duty to safeguard the nation against the danger of colonialist subjugation.

Mr Chairman,

Even countries claiming themselves as firmly-established democracies had to develop democracy stage by stage for many years in the past during which they had sacrificed lots of blood and sweat. We have witnessed some nations fall apart after a quick transition to practise discipline-flourishing genuine democracy without having any experience in it.

Every individual country will be able to fulfil the people’s wish only if it practises democracy that is in conformity with its history, social standard, traditions and culture and customs.

We have found that in practising a discipline- flourishing genuine multiparty democracy, the essence of democracy depends on the citizens’ knowledge and understanding of the following factors:

(a) Public ability to fully understand the political essence;

(b) Public faculty to express their opinions and wishes;

(c) Untiring public interest in politics;

(d) Public ability to maintain and control their political belief without being deceived by others’ political propaganda and organization.

The political parties should have the capability to educate and organize their members and the public as they have relations with the people to have the above-mentioned political outlook. In addition, discipline-flourishing genuine democracy will flourish in the nation only if there are parties that can maintain and realize their political aims.

Mr Chairman,

Some of the parties in the world countries including Myanmar that practised parliamentary democracy gradually changed into organizations giving priority to local affairs or personal role rather than the cause of the entire nation.

Myanmar has already witnessed the weaknesses and loopholes of the parliamentary democracy when she practiced the system after regaining independence. A study of those weaknesses and loopholes shows that they were the results of the lack of democracy experiences in history, the single party governance in real terms in the name of parliamentary democracy, the public intellectual progress that had not reached the level of defining and exercising the rights and duties of democracy with correct conviction, the political parties’ insufficient ability to train, educate and lead the people to exercise democratic rights with a sense of duty, and the lack of development in infrastructure that would help realize the essence of democracy more fully.

It is found that it is required to lay down detailed basic principles concerning the qualifications of political parties as necessary, after taking the past experiences Myanmar had faced as lessons, for the flourishing of genuine multiparty democracy in the nation.

Mr Chairman,

Political parties and citizens of the counties practicing genuine multiparty democracy system must abide by the Constitution and the existing laws in addition to accepting and exercising a genuine multiparty democracy system. Moreover, the political parties must be legally registered.

Mr Chairman,

A nation will develop only if it is headed by firm and systematically-established political parties. As for the existence of such parties, appropriate principles should be adopted to the Constitution, and the political parties should be formed systematically according to the provisions contained in the Constitution without undermining the essence of multiparty democracy. A systematically formed political party can exist as a political party and carry out organizational work in the nation in accord with the law. In addition, it will have the permission to stand for elections held in the nation.

Mr Chairman,

If a political party having to keep in the fore the interest of the nation and the people is declared as an unlawful organization in accord with the existing law, naturally, its existence should not be permitted. It is opined that the continued existence of a political organization that has direct or indirect connections with an insurgent group launching an armed rebellion against the State, an organization or persons the State has designated as the ones committing terrorist acts or an organization the State has declared unlawful, should not be permitted as its acts will undermine Our Three Main National Causes.

Mr Chairman,

Political parties will accept and exercise in accord with Our Three Main National Causes. They will have to observe the Constitution and the existing laws. In accord with the foreign policy prescribed in the Constitution, the nation will exercise independent and active non-aligned foreign policy.

A political party directly or indirectly receiving financial, material and other assistance from the government or a religious organization, or other organization or an individual person of a foreign country, will become an organization going against the policies practised by the State. In this situation, the said political party should not be allowed to exist as a political party any more.

According to the adopted basic principles and detailed basic principles, religion shall not be abused for political purpose. If a political party abuses religion for political purpose, its continued existence as a political party should not be permitted any more.

If the body having the authority to register political parities finds that a political party has infringed to any one of the provisions ensuring the rights of the existence of political parties, the party’s registration should be revoked.

Mr Chairman,

Political parties have the duty to serve the interest of the nation and the people resolutely. They should be the organizations capable of heading towards flourishing of discipline- flourishing genuine multiparty democracy in the entire Union and in the respective Regions and States in accord with the nation’s political, security, economic and social conditions and traditions and customs. It is opined that the Pyidaungsu Hluttaw should enact necessary laws for the political parties to prevent deviation when they carry out the leadership role.

We find that the detailed basic principles explained by the Work Committee Chairman at the Plenary Session of the National Convention concerning the chapter “Political Parties” are comprehensive. Hence, we agree to adopt the following six points as detailed basic principles.

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

2. A political party shall:

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

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

(c) be legally registered as a political party.

3. In accordance with the law, a political party shall have the right to: (a) organize freely; (b) to stand for elections.

4. 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.

5. 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.

6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.

Mr Chairman,

U Aung Kyi Thein, a delegate of the delegate groups of State- service personnel, of the Ministry of Agriculture and Irrigation, will now present the paper concerning the chapter “Provisions on State of Emergency”.

Mr Chairman and National Convention delegates,

The delegate group of State-service personnel will discuss in support of the detailed basic principles explained by the Work Committee Chairman for the chapter “Provisions on State of Emergency” to be included in the chapters of the Constitution.

The National Convention has already adopted the following fundamental principles concerning the Chapter.

“(a) When there arises a State of Emergency characterized by inability to perform executive functions in accord with provisions of the State Constitution in a region or state or a self-administered area, the President of the State is empowered to exercise executive power in that region, state or self-administered area and if necessary in doing so, the President of the State is empowered to exercise legislative powers concerning that region, state or self- administered area in accord with provisions of the State Constitution;

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

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

Mr Chairman,

Now, I will discuss the detailed basic principles concerning the declaration of a State of Emergency or martial law order as necessary.

A State of Emergency occurs in a nation where there rises a threat endangering the national defence and security and the rule of law, or a foreign military intervention, or a worsening political and economic situation and a natural calamity such as the storm, flood, fire and earthquake. In this situation, the Head of State will have to declare a State of Emergency and take necessary measures.

Mr Chairman,

When we study the past constitutions of Myanmar and the constitutions of some world nations, we find that the power to declare a State of Emergency has been vested in the President. However, the act of declaring a State of Emergency in an area is a very important task that needs extra care. The President will have to declare a State of Emergency after consulting with the National Defence and Security Council. There should be a detailed basic principle concerning the matter.

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. But it is not easy for the President to carry out the task alone. The power to do so should be vested in an organization formed with suitable persons of the respective regions or a suitable person to carry out the task on behalf of the President.

It will be necessary for the President to exercise the legislative power of the Region or State or the Self-Administered Area in addition to exercising the executive power. The President should exercise the legislative power of the area which is in a state of emergency. A detailed basic principle concerning the matter should be adopted.

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, 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 to save public lives and property in time. As regards the matter a detailed basic principle should be adopted.

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 acting on behalf of the President to restore stability and the administrative machinery back to normal, they will surely need the Tatmadaw’s assistance. It is in our view that there should be a detailed basic principle to take Tatmadaw’s assistance. 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, it is opined that there should also be a detailed basic principle concerning the issuance of martial law. The decree of martial law should include administrative powers and functions and judicial powers and functions of the administrative bodies.

Mr Chairman,

A nation declares a state of emergency in accord with her situation and natural condition.

The National Convention has already adopted the detailed basic principles concerning the sharing of powers and functions of the President in the Chapter “Sharing of the Executive Power”. According to it, the President in declaring a State of Emergency or issuing martial law order should issue an ordinance. The ordinance issued by the President should include the fixed time and the specific area.

If the President declares a state of emergency, fundamental rights of the people of the inclusive area should be restricted. There should be a detailed basic principle concerning the matter.

Mr Chairman,

The President when issues an ordinance to declare a state of emergency or a martial law order in accord with the emergency need of the nation should submit the ordinance to the Pyidaungsu Hluttaw for approval.

As regards the matter, the National Convention has already adopted a detailed basic principle — sub- paragraph (b) of the paragraph 11 of the chapter “Powers and Functions of the President”. It states “If the President has not withdrawn the ordinance issued under sub-paragraph (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.”

Concerning the matter of seeking Pyidaungsu Hluttaw approval by the President, a detailed basic principle should be adopted in accord with the para 11 (b), (c) and (d) of the chapter “Powers and Functions of the President”.

In our view, the detailed basic principle “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.” should be adopted.

Mr Chairman,

The Commander-in-Chief of the Defence Services will be empowered to exercise all the powers and functions of the President, the Vice-Presidents, members of the Union Government. To make things clearer, the detailed basic principle saying that members of the administrative bodies at all levels except from the President and the Vice-Presidents are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services. The detailed basic principle concerning the matter should be adopted.

Mr Chairman,

After the State power has been transferred to the Commander-in- Chief of the Defence Services with the approval of the National Defence and Security Council, he will have the power to enact necessary laws for the nation. 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 the Defence Services to exercise the State power.

The detailed basic principles, saying, “The Commander-in-Chief of the Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers” and “The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary” should be laid down.

Mr Chairman,

The detailed basic principle concerning the approval of the transfer of power to the Commander-in-Chief of the Defence Services by the President, the exercising of powers by the Commander-in- Chief of the Defence Services and the submission of reports to the Pyidaungsu Hluttaw should be adopted. We also suggest to adopt the detailed basic principle “The President shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commander-in-Chief of the Defence Services if the term of the Pyidaungsu Hluttaw is ended.”

Mr Chairman,

All the members of the administrative bodies except from the President and Vice-Presidents are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services. Hence, new bodies should be formed. When the Commander-in-Chief of the Defence Services submits the report on his completion of the functions, the President shall annul the order suspending legislative functions of all Hluttaws and leading bodies and should invest in them the legislative functions, their original duty. Concerning the matter there should be an adopted detailed basic principle.

Mr Chairman,

When the three organs of state power is transferred to the Commander-in-Chief of the Defence Services, functions of all Hluttaws are suspended. The Hluttaws after the end of their tenure automatically cease to exist. The National Defence and Security Council should be empowered to safeguard the nation and help the Commander-in-Chief. The Commander-in-Chief of the Defence Services in exercising the State power will have to consult with the NDSC to achieve greater success in his functions. In addition to the President and the Vice-Presidents, the Speaker elected by the Pyidaungsu Hluttaw and the Speaker elected by the Amyotha Hluttaw also should be members in the NDSC. Although 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 detailed basic principle concerning the matter should be adopted.

Mr Chairman,

When the President received the report concerning the completion of the functions of the Commander-in-Chief of the Defence Services, the President should annul the power entrusted to the Commander-in-Chief of the Defence Services. The President after annulling the order to empower the Commander-in-Chief of the Defence Services to exercise the State power will have to hold a general election during the fixed period beginning from the date he abrogates the order. A new President should be elected in accord with the Constitution. The President should form the National Defence and Security Council and should empower it to exercise the State power during the interim period when the new President has not been elected yet. The legislative, executive and judicial sectors of the State will be able to run as usual only if the NDSC heads the nation during the interim period. Of the three organs of power, the legislative power is the highest. Hence, it should be exercised only by the NDSC. The NDSC should empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels during the interim period. Concerning the matter, detailed basic principle should be adopted.

Mr Chairman,

Detailed basic principle saying that 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 should be adopted. The point saying that the bodies formed by NDSC to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election should be adopted. We suggest to adopt the detailed basic principle, saying, “The National Defence and Security Council shall exercise the State power in the name of the President.”

The main duty of the military and civil bodies is to restore the national stability, community peace and the rule of law. As they are serving the nation not in a peaceful and stable environment, they will have to do their duties at the risk to their lives. The measures taken by the military bodies and civil administrative bodies and the military and civil personnel on behalf of the President or the Commander-in-Chief of the Defence Services or the NDSC should be legitimate. No legal action shall be taken against them for those legitimate measures. The detailed Basic principle concerning the matter should be adopted.

Mr Chairman,

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

“1.If the President learns that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”

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

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

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

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

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

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

“(a)take the assistance of the Tatmadaw to ensure local administrative bodies and members, and civil bodies and members to effectively carry out their functions in accord with the existing laws in order to swiftly restore the situation of an area where a state of emergency has been declared.

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

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

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

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

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

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

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

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

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

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

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

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

(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice- 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 the Defence Services.”

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

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

“12. The President shall:

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

“(b) normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

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

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, revoke the suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

“15. Even though the term of the Pyidaungsu Hluttaw has ended, the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.”

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in- Chief of the Defence Services has not yet accomplished his duty assigned to him.”

“17. In connection with the matter of transferring the State power to the Commander-in-Chief of the Defence Services by the President after declaring a state of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief of the Defence Services shall, declare to annul the order empowering the Commander-in-Chief of the Defence Services to exercise State power in accord with the paragraph 9.”

“18. The National Defence and Security Council shall:

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

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels.”

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

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

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

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

“23. During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body, or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commanderin-Chief of the Defence Services is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”

Mr Chairman,

We are now going to present a separate suggestion. According to the para 4 (b), the President empowers the Commander-in-Chief of the Defence Services with judicial powers in addition to executive powers. According to the subparas (a) and (b) of the para 2, the executive power and the legislative power concerning the executive functions are invested in the President, but not the judicial power. In empowering the Commander-in-Chief of the Defence Services with the judicial power in the para 4, it can be assumed that the President is like empowering the Commander-in-Chief of the Defence Services with the power that is not entrusted in him in accord with the para 2.

Hence, we would like to add subpara (c) saying “The President shall exercise the judicial power of the Region or State or Self-Administered Area concerned for community peace and the rule of law. Moreover, he shall form a suitable organization and entrust the judicial power to an organization concerned, or to a suitable person” to the para 2.

As the detailed basic principles of the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” explained by the Chairman of the National Convention Convening Work Committee are comprehensive and appropriate, we agree to adopt them all.