Political parties of the Delegate Group of Political Parties submitted proposals on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution at the Plenary Session of the National Convention which continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.
Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service
Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5, Shan State (South)
Special Region-6, Kachin State Special Region-1, Kachin State Special Region- 2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region
Group, Nyein-chanyay Myothit Group from Hpaan Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.
Member of NCCWC U Myo Thant (Maung Hsu Shin) presided over the Plenary Session of National Convention together with U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia, U Tin Kha of Delegate Group of State Service Personnel and Dr Manan Tu Ja of Delegate Group of Other Invited Persons.
Director (Meeting) U Than Aung of NCCWC Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-MC.
The MC declared the start of meeting as 1,066 out of 1,080 delegates were in attendance, accounting for 98.70 per cent, and the plenary session commenced with the permission of the meeting chairman.
First, Chairman U Myo Thant (Maung Hsu Shin) made a speech.
Next, U Tun Yi of National Unity Party presented proposals of the party on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution.
The following is the proposals of National Unity Party presented by U Tun Yi of the party on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, today.
I extend warm greetings to you the meeting chairman, members of the panel of chairmen, the chairman of the National Convention Convening Commission and members, the chairman of the National Convention Convening Work Committee and members, and the chairman of the National Convention Convening Management Committee and members.
I am National Convention delegate U Tun Yi of the National Unity Party.
Mr Chairman,
At the NC Plenary Session held on 30 and 31 October 2006, the Work Committee Chairman clarified the detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” to be included in the State Constitution.
In that regard, he called for discussions and suggestions to decide whether the points he had presented should be adopted. In response to his request, the National Unity Party submitted this proposal.
The Work Committee Chairman presented 14 points that should be adopted as detailed basic principles for the Chapter “Election”, six points for the Chapter “Political Parities” and 23 points for the Chapter “Provisions on State of Emergency”.
Mr Chairman,
I would like to discuss the points for the Chapter “Election” first. Paragraph (1) of the collection consists of four sub-paragraphs — the right to vote of a citizen who has turned 18 ballot, and the right of eligible citizens to vote regarding the electing of representative to the Hluttaws.
In the Union of Myanmar, a citizen who had turned 18 is recognized as an adult, and such citizens had the right to vote in the previous elections. So, the age limit of 18 years to vote is appropriate. Moreover, by exercising ballot, voters will have opportunities to express their desires freely.
The presentation of electing representatives to the Hluttaws is found harmonious with the point the NC has adopted “Every citizen has the right to vote for representatives in accordance with the law who will represent them”.
Mr Chairman,
The points stated in paragraph (2) regarding persons who have no right to vote are harmonious with the traditions practised previously and the provisions prescrided in the previous State constitution are found appropriate. And they are also the points that should be exercised continuously. So, the NUP makes no suggestions to amend that paragraph.
Paragraph (3) “At an election, a candidate—
(a) shall be elected to one Hluttaw only.
(b) shall stand for election at one constituency only.” is appropriate.
Paragraph (4) deals with Union territories. The Union territories are under the direct rule of the President, and the Pyidaungsu Hluttaw will solely promulgate the laws for these territories. So, electorate living in the Union territories do not need to elect representatives to Region or State Hluttaw. And we think that even if it has been designated as a Union territory, such a representative should not stand as a Hluttaw member. So, the points stated in the paragraph (4) are found appropriate. Paragraph (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” enhances the right of the citizens to stand for elections, and is in harmony with the point the NC has adopted that every citizen has the right to vote and to stand for elections in accordance with the law. So, we would like to make no suggestion.
The five points on the right to recall a Hluttaw member manifested in sub-para (a) of para (6) are found complete. In addition, the designation of at least one percent of initial number of the voters of the constituency concerned regarding the complaint about a Hluttaw member is appropriate. The proceedings to be carried out based on the complaint of voters are necessary.
It is also consistent with the point the NC has adopted that the voters concerned have the right to recall the Hluttaw member in accordance with the provisions prescribed in the State constitution. So, the proposals stated in para (6) are appropriate.
Para (7) says "The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall".
These are to be carried without fail because legislative power shall be exercised solely by Hluttaws. So, it is appropriate to adopt these points as detailed basic principles.
Mr Chairman,
In his clarification regarding para (7), the Work Committee Chairman said, “ In respect of election, at present, Myanmar practises the system of electing one Hluttaw member from a constituency each. However, many countries have made the system of setting up a large constituency to elect more than one Hluttaw member, and designating the number of Hluttaw members in proportion to the votes. So, to catch up with the changes, necessary law should be prescribed in accord with the resolutions of the Pyidaungsu Hluttaw.”
To our knowledge, of about 120 countries that exercise multi-party democracy system, more than 70 countries exercise the system of designating the number of Hluttaw members in proportion to the votes. That system helps elect representatives based on the expression of the voters who will really represent the people. By practising such a system, there will be many benefits such as every vote becomes ore effective, reliable persons capable of fulfilling he requirements of the nation will be elected, and the arties standing for elections can enjoy more proportionate ratio of the representatives from the party concerned.
Therefore, we would like to suggest the system of designating the number of Hluttaw members in proportion to the votes many countries are exercising should be applied in the forthcoming elections.
Mr Chairman,
Paragraph (8) features on forming of the Pyidaungsu Election Commission and qualifications of the chairman and members of the commission. The forming of a Pyidaungsu Election Commission and assigning duties to the five-member group is necessary for constantly dealing with the matters on election and subsequent cases.
The qualifications set for the commission chairman and members are complete, so we have no intention to make any suggestion to amend the para.
The duty of holding Hluttaw elections stated in para (9) is the major duty of the commission. According to the experiences on elections many countries have gained, multi-party general election are to be free and fair ones without dishonest and unjust acts. So, sub-para (b) of para (9) “Supervising Hluttaw elections, and forming and supervising subcommissions at all levels” are crucial. And designating and arranging constituency and making and compiling lists of voters are important functions for multi-party democracy general elections. So, sufficient number of polling booths should be set up and arrangements should be made for enabling the people to vote freely for the comfort and convenience of the electorate. The voting system should be a system in which the people can vote easily and that should be in conformity with the prevailing conditions of the nation.
In compiling lists of voters, necessary measures should be taken so that voters do not lose the right to vote and the lists of voters are correct.
Forming of respective Election Commissions in accordance with the law is part of the duties of the Pyidaungsu Election Commission for conducting investigation into possible disputes on elections. In this regard, it is required to choose just persons and to enable the commissions to carry out the tasks freely. In addition to these tasks, other mentioned tasks are indispensable, and so the proposals included in para (9) are appropriate.
Regarding para (10) “If the President has to blame and charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accordance with the provisions prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court Judges”, we have no intention to make any suggestion to make amendments.
The points stated in Para (11)— the Chairman and members of the Pyidaungsu Election Commission to resign, appointment of a new chairman or member, and deeming the chairman or a member who is a government employee to have retired from civil service— are appropriate.
Regarding the points stated in para (12) “The Pyidaungsu Election Commission's action and measures over the following matters shall be final”, para (13) “Responsibilities, powers and rights of the Chairman and members of the Pyidaungsu Election Commission, and related facts in Para (14), we make no suggestion.
The points I have presented are requirements for holding free and fair elections. So, I would like to present that the detailed basic principles on election the Work Committee Chairman has explained are appropriate.
Now, I am going to present the chapter “Political Parties”. At the plenary session of the National Convention held on 30 October 2006, the Chairman of the National Convention Convening Work Committee presented a collection of six detailed basic principles concerning the chapter.
The para 1 says "Political parties set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty."
As the Union of Myanmar will be transformed into a modern and developed democratic state through multi-party democracy general elections, there will be political parties in the nation. A political party is an organization systematically formed by the persons with same basic ideologies. The political parties will have to give priority to organizational functions to win public support. A political party should correctly lead the people.
In our view, the policies stated in the para 1 should be followed by all the citizens. Political parties that are formed with the people to correctly lead and organize the people must observe the para 1 without fail. Hence, the detailed basic principle is appropriate.
The para 2 says "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 political party.
As Myanmar has already aimed to accept and practise discipline-flourishing genuine multi-party democracy, all the political parties will have to do their functions in accord with the system. They must adopt the intra-party democratic practices without fail through discussions, coordination and consultations. They must hold intra-party elections in accord with democracy. So, the parties should have the right to hold their conferences, seminars and meetings in accord with the procedures. The parties should freely assign or revoke duties in accord with the procedures.
All the persons living in Myanmar should abide by the Constitution and the existing laws. Thus, political parties that are going to lead and organize the people must strictly and correctly observe the facts I have mentioned in the above para. Moreover, all the political parties should abide by the sub-para "(c) be legally registered as political party." Hence the detailed basic principle stated in the para 2 is appropriate.
The para 3 states as follows:
“In accord with the law, a political party shall have the right to:
“(a) organize freely;
“(b) stand for the elections."
The main function of political parties is organization. Its life depends on its organizational capacity. Hence, the subpara (a) is appropriate.
Principles have already been laid down to transform Myanmar into a modern and developed democratic state through the system of holding multiparty general elections. The main aim of legally registering the political parties is to enable them to stand for elections and accept the public decision. The people have the right to cast votes after thoroughly scrutizing the candidates. The system will help elect persons who can serve the interest to the nation and people well. Moreover, the system reflects the responsibilities of the parties they should understand well. Hence the subpara (b) is appropriate.
The parties can carry out the above-mentioned functions only in accord with the law and Our Three Main National Causes as stated in the para 1. Hence they can control their functions in accord with the law to avoid extremes.
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 launching 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 organization, or any other organization or an individual person of a foreign country;
(d) it abuses religion for political purpose.
The National Unity Party finds the para appropriate as it is based on traditional principles. If a party receives or accepts assistance from internal and external institutions, it will have to repay the gratitude it owes to them. Such situation may harm the national interest. Hence the subpara is appropriate.
The NUP has no further proposals concerning the detailed basic principle "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 subparagraphs (a), (b), (c)or (d), the party's registration shall be revoked."
The NUP finds the para (6) “The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties” appropriate. But we would like to suggest that serious consideration should be made to the inclusion of the proper rights of political parties in enacting the laws concerning their rules.
Mr Chairman,
In building a modern and development democratic state through multiparty democracy system, the continued existence of political parties has connections with the task of serving the interest of the people and the nation. Hence, the members of the parties should be the qualified ones.
As the parties are formed with the aim of realizing the public wishes and desires, they should have the right to correctly exercise democratic practices and truly represent the people. Based on the past experiences, the present multiparty democracy system should be a prestigious one. The parties play an important part in serving the interest of the nation and the people.
In his presentation, the Work Committee Chairman said, “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 in 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.”
Hence the state should recognize the parties and render assistance to them for the parties to play their part significantly.
The NUP finds that a collection of facts concerning the chapter explained by the Work Committee Chairman are appropriate for the longterm existence of parties and to become a national force serving the interest of the nation and the people.
Mr Chairman,
At the plenary session of the national Convention held on 31 October 2006, the Work Committee Chairman explained a collection of 23 detailed basic principles concerning the chapter “ Provisions on State of Emergency.”
The NUP finds the para 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,” proper to be adopted.
Likewise, the para 2 which says “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,” is also appropriate.
The NUP also agrees to the para 3 which says “(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 of 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 law to declare a state of emergency.” “(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President, may after coordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”
The party also agrees to the para 4 which says “In connection with the declaration of a state of emergency in accord with the paragraph 3, the President shall: 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 Commander-in-Chief of the Defence Services shall exercise the powers and functions or empower them to a suitable military administrative official.”
The NUP also agrees to para 5 that defines the area and duration of the state of emergency and to 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 as necessary.
The para 6 which calls for the President to submit the measures taken to the nearest Pyidaungsu Hluttaw session within 60 days for approval is appropriate.
The party has no further suggestions concerning the para 7 which says “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.”
The party will not present further proposals in connection with the para 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.
The NUP also agrees to the para 9 concerning the transfer of the three organs of power, the cessation of functions of the Hluttaws and leading bodies except from the President and the Vice-President; the para 10, the power of the Commander-in-Chief to exercise the three State powers; the para 11, the restriction of the fundamental rights of citizens if necessary; the para 12, the extension of emergency period to six months at a time for two terms if the Commanderin-Chief has not yet accomplished his duties; the para 13, the annulment of order empowering the State power to the Commander-in-Chief; the para 14, the functions of the President after receiving the report of the Commander-in-Chief; and the para 15 that permits the President, the Vice-President and the Speaker to remain in power till the new ones are elected.
In connection with the para 16, it states “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 Commander-in-Chief of Defence Services has not yet accomplished his duty assigned to him.” Similar power has been granted to the President in subpara (b) of the para 12. We find that the NDSC and the President are empowered with the same powers for the same functions.
Moreover, in our view the para 17 — In connection with the matter of transferring the State Power to the Commander-in-Chief 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, declare to annul the order empowering the Commander-in-Chief to exercise State power in accord with the para 9 — is the same as the power entrusted to the President in the para 13.
The para 21 says “The bodies formed according to the para 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.” The NUP finds it appropriate.
We have no further discussions concerning the paras 22 and 23.
The NUP sees the detailed basic principles concerning the chapter are appropriate and within the framework of the six objectives and 104 basic principles. We also would like to give proper consideration to our suggestions we have presented in the interest of the nation and the people.
Afterwards, U Khun Maung Toak of Union Pa-O National Organization presented the proposals of the organization and the Plenary Session took a break.
When the Plenary Session resumed at 10.40 am, U Khaun Daing of Shan State Kokang Democratic Party and U Sein Tun of Mro (or) Khami National Solidarity Organization presented proposals of the party and organization on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution.
The Plenary Session was adjourned at 11.25 am. It continues tomorrow.