Back
Detailed basic principle for the Chapters “Election”, “Political Parties” and “Provisions on State of Emergency” for drafting the State Constitution ( 7-12-2006)

The following is the proposal submitted by the Delegate Group of Other Invited Persons 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 7-12-2006.

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, may you all be blessed with good health and happiness.
I am delegate Dr Saw Simon Tha of the delegate group of other invited persons.
We representatives of the delegate group of other invited persons played an active role and held frank discussions at the sessions of the National Convention.
In addition, we have supported the detailed basic principles proposed for the State Constitution, gave good advice and made suggestions.
We plan to put our positive advice and suggestions and combined efforts into the discussions till the National Convention is completed successfully.
Mr Chairman,
The Work Committee chairman explained the detailed basic principles suitable for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” at the plenary session held on 30 and 31 October 2006.

We members of the delegate group of other invited persons held a meeting on 1 November 2006 to hold discussions about the clarification of the Work Committee chairman. And we presented a draft copy to each of the 24 special region groups of the delegate group of other invited persons.

At the meeting, the panel of chairmen and delegates assigned duties to form a 25-member group to compile a proposal on behalf of the 89 members of the delegate group of other invited persons.

Adhering to the assignment of duties by the panel of chairmen, we members of the proposal-compiling group held meeting five times, we sought the approval at the meeting held on 23 November 2006.
As I have said, the other two parts of the proposal will be presented later.

Mr Chairman,

At the plenary session held on 30 October this year, the Work Committee chairman explained 14 detailed basic principles for the Chapter “Election”. They are:

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 percent of initial number of the voters of the constituency concerned shall be submitted to the Pyidaungsu Election Commission.

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

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

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

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

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

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

(1) have turned 50 years of age.

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

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

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

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

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

(4) are well-experienced with good characters.

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

(6) are loyal to the State and the people.

(7) are not members of a political party.

(8) are not Hluttaw members.

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

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

(a) holding Hluttaw elections;

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

(c) designating and arranging constituencies;

(d) making and arranging lists of voters;

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

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

(g) forming electoral benches to resolve electoral disputes;

(h) discharging duties assigned under a law.

10. If the President has to 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.

In addition, he called for 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.

The Work Committee chairman also explained the detailed basic principles for the Chapter “Political Parties”. I noticed that his explanation included six points. They are:

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

2. A political party shall:

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

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

(c) be legally registered as a political party.

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

(a) organize freely;

(b) to stand for the elections.

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

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

(b) it makes connections with or provides support and assistance to insurgent groups waging an armed rebellion against the State, organizations or persons the State has announced as the ones committing terrorist acts or organizations the State has declared unlawful;

(c) it directly or indirectly receives financial, material and other assistance from the government or a religious organization, or any other organization or an individual person of a foreign country;

(d) it abuses religion for political purpose.

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

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

Mr Chairman and delegates,

At the plenary session held on 31 November 2006, the Work Committee chairman explained the detailed basic principles that should be adopted for the Chapter “Provisions on State of Emergency”.

In that regard, he present a collection of 23 points.

They are:

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 Defence Services, the Deputy Commander-in-Chief of 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 Defence Services. The Commander-in-Chief of 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 Defence Services to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

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

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

“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.”

“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 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 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 Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commanderin-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.”

“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.”

“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 Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of Defence Services has not yet accomplished his duty assigned to him.”

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

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

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

“23.During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body , or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commander-in-Chief of 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 found that the Work Committee chairman explained the points in an appropriate and reasonable way and in conformity with the six objectives of the National Convention to ensure stability and peace and development of the future nation and to uphold Our Three Main National Causes.

In conclusion, I would say we members of the delegate group of other invited persons wholeheartedly support the Work Committee chairman’s explanation that includes 14 principles for the Chapter “Election”, six points for the Chapter “Political Parties” and 23 points for the Chapter “Provisions on State of Emergency”.

Now, Dr Chan Tha (a) U Nyi Nyi will read out the second part of our proposal.

Mr Chairman,

I am a National Convention delegate Dr Chan Tha (a) U Nyi Nyi of the delegate group of other invited persons. I am from Sittway in Rakhine State.

Mr Chairman,

I would like to read out the second part of our proposal regarding the detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” which are to be included in the State constitution.

In the first part of our proposal, it was expressed support for the Work Committee chairman’s explanation about the detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency”.

We members of the delegate group of other invited persons are attending the National Convention with the aim to give good advice and make positive suggestions. So, we made a thorough study on the explanation of the Work Committee chairman, then held discussions about the explanation and sought approval.

So, we made two approvals on the Chapter “Election”, one proposal on the Chapter “Political Parties”, and five proposals for the Chapter “Provisions on State of Emergency at the meeting of the delegate group of other invited persons held on 23 October 2006”.

Mr Chairman,

We would like to make two separate suggestions about the Chapter “Election”. They are:

(a) There have been many events that in elections and casting votes in Hluttaw sessions of some other countries, voters, Hluttaw members and political parties were under the influence of money, muscle and gangs such as Mafia, and such countries suffered loss a lot. So, in order to avert such undesirable events, effective provisions and laws including anti-defection law should be prescribed.

(b) A principle should be prescribed in the Pyidaungsu Election Commission Law that decisions of the Pyidaungsu Election Commission shall be made with unanimous vote or the vote of the majority to prevent the decisions the chairman or a member or two members of the commission make they wish at the meetings of the Pyidaungsu Election Commission.

Mr Chairman,

Now, I would like to present another suggestion about the Chapter “Political Parties”.

The major criteria to assess the political status of an independent country are preservation of independence and sovereignty, stability, peace and development of the nation, and high standard of living of the national races in that country.

There are certain requirements for the practice of the multi-party democracy system in a country. They are stability, peace and prevalence of law and order, strong economic infrastructures, and high intellectual power of the people. Now, the Tatmadaw Government is striving with might and main for fulfilling such requirements of the motherland.

Moreover, the legally-formed political parties are to play a leading role in the drive for the development of the nation and people.

Some countries practising the parliamentary democracy including Myanmar have faced incidents that the political parties concerned gave priority to the interests of certain regions rather than to national interests, and to personality cult rather than national interests. In consequence, the initial objectives of the political party concerned do not work and the parties are getting distant themselves from the people, and in the end, they met their end.

Having a glance at the historic events of our nation, we can find a lot of bitter experiences and unforgettable lessons. The people fell victim to the weak points of the political parties.

The Pha-Sa-Pa-La (AFPFL) headquarters that played the leading role in the independence struggles went through ideology, personality cult and conflicts among its members in the pre-independence period and in the post-independence period, and so did other political parties. Owing to the failure to effectively tackle such disputes in time, the nation faced assassination of State leaders and collapse of the nation. And the disputes grew into armed insurgency. Consequently, the situation of the nation was deteriorating and the people got into great troubles and adversities. So, the Tatmadaw had to sacrifice many lives and blood of its members to remedy the stresses and strains of the people.

The conflict based on personality cult between the two factions of the ruling party— Thantshin (Clean) and Temye (Stable) went beyond the boundary of the party. It was the ruling party, so the nation had to stand all the stresses and strains of the political conflicts. Misuse of power, torture of neutral politicians and opposition party members, partiality and negligence for positions and economic opportunities, and attempts to harm the image of and break up the Tatmadaw for prolonging their power. These were followed by evil consequences such as disintegration of national races and backwardness of the nation.

The forthcoming State constitution will have to demonstrate genuine multi-party democracy system with flourishing discipline. So, it is required to take lessons through the historic events to prescribe necessary provisions in order to avert such bitter experiences in which the nation and the people stood for the evil consequences from the weak points of the political parties. Political parties are responsible for serving the interests of the nation and the people steadfastly. However, by nature, a party faces disputes inside or outside the party concerned. So, it is needed to control and tackle such disputes in a democratic way under the law. Members of a political party should uphold the democratic ethics. At the same time, there should be effective measures to safeguard the nation and the people from any forms of dangers. Therefore, I would like to suggest that political parties should not create a situation that brings disunity and disputes into the party or the parties which poses dangers to the political affairs, security and economy of the nation.

Mr Chairman,

I will present separate suggestions concerning the chapter “Provisions on State of emergency”.

The para 1 of the chapter states, “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.”

Here the President will have to declare a state of emergency if he learns that the administrative functions cannot be carried out in accord with the Constitution. In our view there should be a precise definition to ascertain that the administrative functions cannot be carried out in accord with the Constitution.

It is necessary for the administrative body of the area concerned to submit that it no longer can carry out its functions in accord with the Constitution. If the President learns that the administrative functions cannot be carried out in accord with the Constitution during the period the body concerned failed to present the matter or during the time it is trying to solve it, he should declare a state of emergency.

Hence the para 1 should be amended as follows:

“If the administrative body concerned submits the matter or the President after learning the matter through other means, truly believes that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”

Mr Chairman,

Para 9 (a) states the expression “the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief of Defence Services”. The para 10 also states “The Commander-in-Chief of Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers.” The para 12 (a), the para 13 and the para 17 use the expression “State power”. To be in conformity with the said paras, the para 9 should use the expression “State power” instead of “legislative, executive and judicial powers of the State”.

The para 12 (b) states “The President shall (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 Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

The President, if the Commander-in-Chief of Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of Defence Services has not yet accomplished his duty assigned to him, should consult the matter with the National Defence and Security Council.

Hence, we would like to suggest that the para 12 (b) should be stated “ The President after consulting with the National Defence and Security Council shall (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 Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

Mr Chairman,

The para 13 states, “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.” We would like to add the expression “after consulting with the National Defence and Security Council” to the para as follows:

“The President shall, after receiving the report of the Commander-in-Chief of Defence Services concerning the completion of the duties assigned to him, after consulting with the National Defence and Security Council, 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,

Apart from all the points explained by the Work Committee Chairman, we would like to suggest to add the following new point to the chapter.

“The President shall submit the matter concerning the extension of period for the Commander-in-Chief of Defence Services to exercise the power he has empowered to the latter annul the ordinance empowering the Commander-in-Chief of Defence Services to exercise the State power to the first session of the new Pyidaungsu Hluttaw, if the term of the Pyidaungsu Hluttaw has ended.”

Mr Chairman,

Now we have completed our second part. Concerning the chapter “Election” we presented our separate suggestions for burgeoning of the noblest and worthiest of the worldly values that are the essence of democracy.

A policy will be good only if the people who are realizing are good. Good policies will produce qualified parties that can form a government serving the interest of the nation, the people and the religion. We have made efforts to adopt detailed basic principles for the chapter “Political Parties”.

The provisions to deal with national instability and unrest and natural disaster while safeguarding Our Three Main National Causes are the detailed basic principles for the chapter “Provisions on State of Emergency”.