The following is a translation of the proposals on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution made by Kokang Democracy and Unity Party at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 22-12-2006.

I wish you all, Mr Chairman and members of the panel of chairmen, the Chairman of National Convention Convening Commission and members, the Chairman of National Convention Convening Work Committee and members, the Chairman of National Convention Convening Management Committee and members and delegates health and happiness.

I am U Khin Maung Aye, a National Convention delegate of the Kokang Democracy and Unity Party.

Mr Chairman,

The National Convention has been convening with accelerated momentum to adopt detailed basic principles for the emergence of a constitution of the future state. The National Convention has reached the stage of holding discussions and presenting suggestions on the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital, “Transitory Provisions” and “General Provisions”.

The successful completion of the National Convention, the first step of the seven-point Road Map and the historic and meaningful task with full of essence, is drawing nearer. And thanks to the harmony between the continuous presentation of discussions and suggestions chapter-wise and proposals and adoption of the detailed basic principles, a new Constitution will come into force to firmly serve the interest of the entire nation and for the nation to stand with dignity among the international community.

It is a prestige for us of the Kokang Democracy and Unity Party to energetically take part in the historic and profound task. However, we would like to ask the delegates to understand us with magnanimity as we may have some weaknesses that are natural in this world for everyone or organization.

Mr Chairman,

Now, we are going to discuss and assess the four remaining chapters. The Work Committee Chairman explained that it might be necessary to make constitutional amendments to have a more comprehensive constitution however much we had made efforts in detail in drafting it.

Amendment of the Constitution
Mr Chairman,

We have studied the Work Committee Chairman’s explanations concerning the chapter “Amendment of the Constitution”. The explanations included all the fundamental requirements to amend the Constitution such as the means and procedures to amend the Constitution. Hence, all the points explained by the Work Committee Chairman should be adopted as detailed basic principles.

State Flag, State Seal, National Anthem and the Capital
Mr Chairman,

Now, I will discuss the chapter “State Flag, State Seal, National Anthem and the Capital”.

Every nation has her-own State Flag, State Seal, National Anthem and the Capital representing her.

Some countries designate a specific flower as their national flower.

The State Flag and the State Seal stand for the government that is heading the nation and the people. Hence, they should have a profound meaning and definition that must be in conformity with the political, economic and social systems the nation has been practising. It’s meaning should have the power to further vitalize patriotism and nationalistic fervour of the entire nation.

So also, the National Anthem should reflect the political, economic and social systems of the nation, while its essence should have the capacity to raise patriotism and national convictions of the people of the whole country.

Nay Pyi Taw, that is located in the nation’s political, social, economic administrative centre of the whole nation and where the head offices of government institutions are situated, has been designated as the nation’s capital.

We find that the Work Committee Chairman’s explanations are appropriate, and we agree that the detailed basic principles concerning the Chapter “State Flag, State Seal, National Anthem and the Capital” should be adopted.

Transitory Provisions
Mr Chairman,

Now, I will present our proposal in connection with the chapter “Transitory Provisions”.

As soon as a constitution is ratified, a transitory period is required to change from one situation to another that are different from each other. Hence, the Constitution should include a transitory period.

The Constitution will come into force throughout the nation after its adoption in a nationwide referendum by more than half of the voters.

The State Peace and Development Council should continue to exercise State sovereignty during the interval between the coming into force of the Constitution and the day the first session of the Pyidaungsu Hluttaw is convened. Existing laws shall remain in force so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.

We have found that all the explanations made by the Work Committee Chairman concerning the chapter “Transitory Provisions” are in accord with the present work programmes of the nation and the actual requirements for the transitory period. Hence, we agree that all the detailed basic principles explained by the Work Committee Chairman concerning the Chapter should be adopted.

General Provisions
Mr Chairman,

I will now discuss the last chapter “General Provisions”.

The Constitution is the basic law of laws of the State. It also acts as the guideline for the legislative bodies to enact laws and to interpret the Constitution itself and other laws.

Of the detailed basic principles, the one in connection with the honouring of all legitimate obligations arising out of any treaties or agreements, and another which says that the Union of Republic of Myanmar may sue and may be sued by the name of the Union of Republic of Myanmar have been laid down to prevent any act leading to the existence of the absolute power. Other detailed basic principles in connection with the membership strength of the Constitutional Tribunal, qualifications of the members, procedures and the term of the Tribunal, impeachment of its members, the duties and functions, the procedures for its interpretation, decision and stance, and duties, and rights and privileges were also explained by the Work Committee Chairman. We are in favour of adopting the detailed basic principles in connection with the chapter.

Mr Chairman and National Convention delegates,

We have made an assessment of the Work Committee Chairman’s clarification to the most of our intellectual ability, and we have found that they are correctly based on historical lessons. We firmly believe that we will reach a new stable, modern and developed nation that will serve the public interest.

The collection of detailed basic principles concerning the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital, “Transitory Provisions” and “General Provisions” should be adopted.

The following is a translation of the proposals on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution made by Wa National Development Party at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 22-12-2006.

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 be all blessed with physical and mental pleasures.

I am a representative U Nyi Palok of the Wa National Development Party.

I would like to make positive suggestions about the points the Work Committee chairman clarified at the plenary session of the National Convention for adoption of the detailed basic principles for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution.

Mr Chairman,

Regarding the Chapter “Amendment of the State Constitution”, after adopting and promulgating the Constitution, a nation has to make amendments as necessary depending on time and situation. With the passage of time, the laws of the State Constitution get old and some of them are no longer in conformity with the prevailing conditions of the nation. Therefore, such laws are to be amended or abrogated. New suitable laws are thus to be prescribed according to the changes. The State Constitution is the fundamental foundation of the Union. So, unnecessary amendments should not be made to it, especially such amendments that are likely to harm the interests of the people. In this regard, in the State constitution, there should be a separate chapter that prescribes procedures to make amendments to a provision if need arises. And the provisions that need amendments should be submitted as bills, and these bills should stipulate no other proposals except the provisions.

Mr Chairman,

The new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw comprises the said two Hluttaws. Only the Pyidaungsu Hluttaw will draft bills and promulgate laws.

The amendment bill should not be submitted directly to the Pyidaungsu Hluttaw, there should be a stipulation, and the submission of the Bill should be in accord with the provisions. And it is required to prescribe a provision and only the proposals that meet the provisions should be submitted. There should be a principle that the Pyidaungsu Hluttaw shall hold discussions about such a bill only when the report endorsed by at least 20 per cent of the number of Hluttaw members is submitted.

Mr Chairman,

In the 1947 constitution and the 1974 constitution, the provisions in connection with ways to make amendments are manifested in separate sections and articles and chapters.

Such provisions can be prescribed specifically only when a State constitution is drafted. Now, the proposed points are being adopted for framing the State Constitution. So, now, it is not available to prescribe such provisions article-wise or chapter-wise. Therefore, based on the headings of the chapters, specific procedures should be prescribed to amend such provisions in proper ways.

It will be clear only if procedures to make amendments to such provisions are prescribed specifically in the articles of a separate chapter when the State Constitution is written.

If a provision on amendments is prescribed in a convenient way or with restrictions, the benefit will not be as much as it should be. So, if need arises, a provision should be prescribed in a proper way.

The four points the Work Committee chairman explained are appropriate, and so I suggest that they should be adopted as detailed basic principles.

State Flag, State Seal, National Anthem and the Capital
Mr Chairman,

Now, I would like to make suggestions about the proposed points for detailed basic principles for the Chapter “State Flag, State Seal, National Anthem and the Capital”.

Every independent and sovereign nation has its own specific State Flag, State Seal, National Anthem and the Capital. Some nations stated them in the Constitution and in some nations, the legislative assembly promulgates separate laws concerning them.

Firstly, I would like to make suggestions about the points for the State Flag in a sincere and positive way.

Mr Chairman,

The stipulation of the State Flag mostly depends on the history of the nation concerned. Our country has a fine tradition that from time immemorial, diverse national races have been living in the Union in amity through thick and thin. So, the National Convention has adopted two related basic principles. They are “The State is constituted by Pyidaungsu (Union) system” and “No part of the territory of the Union, namely, Regions, States and Self-Administered areas etc, shall ever secede from the Union.”

The Union of Myanmar is a nation where all the national races live through thick and thin and in unity. So, the State Flag should reflect all-round development, peace and stability of the nation, amity of national races and national solidarity.

Therefore, regarding the State Flag, the point—

(1) The State Flag shall be prescribed as follows: The Flag is marked with green, yellow and red stripes in a proportionate ratio. On the left end of the green stripe at the top of the Flag is a large white star directing upwards.

(2) Law shall be promulgated concerning the State Flag.” should be adopted as a detailed basic principle.

Mr Chairman,

Regarding the State Seal, it reflects the history, culture and customs of the nation and national races.

Regarding the National Anthem, the present National Anthem has been used for more than half a century. One of the objectives of the National Convention of the State says “Further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality. The State’s objectives cover non-disintegration of the Union, non-disintegration national solidarity and perpetuation of sovereignty. The present National Anthem reflects the tasks for ensuring perpetual existence of the Union that is the heritage handed down by ancestors, protection of the Union at risk to life, and harmoniously serving the interests of the Union.

Regarding the matters for designation of Nay Pyi Taw as the capital, Nay Pyi Taw is located in the center of the nation, it is a region where the central offices of the government are based with smooth transportation. So, the points the Work Committee chairman explained are complete and appropriate. So, there is no need to make specific suggestions about them. And I would like to suggest that these points should be adopted as detailed basic principles.

Transitory Provisions
Mr Chairman,

Now, I would like to discuss the detailed basic principles for the Chapter “Transitory Provisions” to be included in the State Constitution.

In formulating a State Constitution, the situation of a nation before the Constitution comes into force is somewhat different from that after the Constitution comes into force. It is, indeed, transition from one system to another. In the process, there follow changes in the major pillars—legislation, executive and jurisdiction—and economic and social infrastructures during the transitional period.

So, it is required to prescribe transitory provisions in the State Constitution to ensure continuous exercise of State sovereign powers as well as charter, duties and responsibilities to be carried out during the transitional period.

After a State Constitution is drafted, only when the date, on which a Constitution comes into force, is mentioned, will the Constitution come into operation on that date.

It is found that the State Constitutions of the nations of the world carry transitory provisions, and so do the 1947 Constitution and the 1974 Constitution of Myanmar.

Mr Chairman,

The points the Work Committee chairman explained are based on suitable points from the State constitutions of many other countries and the 1947 constitution and the 1974 constitution of our nation. And they are designed to be in conformity with the forthcoming State constitution. So, the eight points should be adopted as detailed basic principles.

General Provisions
Mr Chairman,

Now, I would like to deal with the points proposed for the Chapter “Transitory Provisions” to be included in the State constitution.

A Constitution is the main law that reflects a nation’s history and portrays the structure of that nation. Moreover, the Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic system. Hence all the laws of a nation should be in conformity with the Constitution.

So, I would say the adoption of the point “This State Constitution is the basic law of the laws of the State” is appropriate.

Mr Chairman,

Regarding the Chapter “General Provisions”, the National Convention has adopted the points—

1. Myanmar language is the official language.

2. The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

Myanmar language is used everywhere in the nation between the people and the government and between governmental departments. So, Myanmar language should be designated as the official language to ensure equality and smooth relations.

The State constitution is the guideline to be followed in defining the laws. So, the basic principles of the State are to be used by the legislative assemblies in enacting laws and in defining the provisions of the State constitution and other laws. So, these points should be adopted as detailed basic principles.

Mr Chairman,

Unless an expression in a law of the State constitution is defined specifically, the expression-defining law, an existing law, should be used as reference when need arises to refer such a law to define another law.

The State constitution of a nation is the milestone of that nation. The State constitution should be harmonious with the nation’s geographical features, culture, customs and traditions, history, and current political, economic and social conditions. So, it is the nation’s historic evidence. And the manuscript of the constitution should be enrolled for record. The manuscript is the conclusive evidence of the provisions contained in the constitution. Mr Chairman,

Now, detailed basic principles have been adopted under respective chapters for approval.

The points the Work Committee chairman explained to be adopted as detailed basic principles for the Chapter “General Provisions” such as “The State permits all economic forces such as the State itself, regional organizations, cooperative organizations, joint-venture organizations and private concerns, etc. to take part in economic activities for the development of the national economy”, “The Union of Myanmar shall honour all legitimate obligations arising out of any treaties or agreements which before the commencement of this Constitution were in force between the Government of Myanmar and the Government of any other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar”, and “Any proceedings relating to contracts or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought against the Union Government” are appropriate.

Mr Chairman,

The detailed basic principles the National Convention has adopted regarding the Chapter “General Provisions” cover the functions of the Constitutional Tribunal.

The functions of the Constitutional Tribunal are very formidable. Some of them are to define the provisions of the State Constitution if necessary, and resolve disputes on matters related to the State Constitution.

The detailed basic principles from No 10 to No 26 covering procedures for formation of a constitutional tribunal, designation of its membership including the chairman, designation of duties to the members, qualifications and responsibilities of the members, its term, and impeachment of a member if he has violated any of the provisions prescribed in the State constitution are appropriate.

Mr Chairman and NC delegates,

In conclusion, we representatives of the Wa National Development Party suggest that the detailed basic principles the Work Committee chairman proposed for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution should be adopted.