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 collectively presented by six Independent Representatives-elect including U Tin Win of the Delegate Group of Representatives-elect at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday.

Esteemed 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 National Convention delegates,

I am U Tin Win, an independent representative-elect of Kyaiklat Township constituency 2. I will now present the proposal paper collectively compiled by independent representative-elects U Tin Win of Kyaiklat Township constituency 2, U Thein Kyi of Taungdwingyi Township constituency 1, U Hla Soe of Minbu Township constituency 2, U Mya Hlaing of Twantay Township constituency 2, U Kyi Win of Mingaladon Township constituency 1 and U Tin Tun Maung of Mingaladon Township constituency2.

Mr Chairman,

We the delegates representing the people of all walks of life and various national races from all over the nation are endeavouring to lay down and adopt basic principles for the emergence of a new constitution that will practically serve the interest of the nation and the people. We are now at the stage of holding discussions to adopt the detailed basic principles of the last four chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “Transitory Provisions” and “General Provisions”. We have been away from our families and homes and have been making physical and intellectual efforts to the most possible degree. We believe that the new constitution, desired by all, will emerge soon.

And when the Constitution comes into force, we all desire it to be enduring. We will be able to further develop our nation only if the Constitution is enduring. Generally, the countries that have enduring constitutions are developed nations and the ones that have to write the constitution again and again are developing nations. Our nation has already changed her constitution for two times during 58 years after regaining her independence. If we look back the history, we have been a country with a constitution for 28 years and without a constitution for 30 years during 58 years. The nation has to exist without a constitution for over half of the period of her independence.

Mr Chairman,

Every constitution is drawn after studying and realizing the situation that is in conformity with it. Whether the 1947 Constitution or the 1974 Constitution, Myanmar wrote it after considering the situations of both the country and the world during the times and so did other world nations. But some constitutions exist long and some come to an end within a short period. The main difference is that the enduring constitutions are adaptable to the changeable conditions while the short-live ones are not.

Mr Chairman,

The law of change is the truth of the world. We all accept the fact that a person or a group is constantly changing. Changes that are in harmony with the prevailing situation are development, while changes that are not in harmony with the prevailing situation are deterioration. We all should understand and accept the law of change for the long-term existence of a human society. In other words, adaptability is the key to long-term existence. Changes are divided into two — difficult adaptation and easy adaptation. Superficially, a constitution that is difficult to be changed look enduring. Such constitution may meet its end if it cannot be amended in a situation that needs adaptation because of little opposition. But if a constitution can be changed easily, it may be amended by a group or a party with small majority vote. It may become unstable if it is changed frequently. So, we must avoid the two extremes — so much unchangeable and so much changeable. Provisions should be stipulated to amend the Constitution with means that are not too difficult nor easy.

Mr Chairman,

I will now give suggestions on the detailed basic principles explained by the Work Committee Chairman for the chapter “Amendment of the Constitution” based on the above facts I have presented.

We are in favour of adopting the detailed basic principles of the paragraphs 1, 2 and 3 explained by the Work Committee Chairman.

Mr Chairman,

We would like to give a separate suggestion concerning the para 4. A constitution has some provisions that should not be changed and others that should be adaptable to the time and situation. The detailed basic principles of the chapter “The State” indicates the ever existence of Our Three Main National Causes — non-disintegration of the Union, non-disintegration of the national solidarity and perpetuation of sovereignty. Hence, the following detailed basic principle concerning the chapter “The State” should be laid down.

“Provisions in connection with the Chapter on the State of this Constitution shall never be amended.”

Mr Chairman,

Efforts are being made to write a constitution to be free from loopholes in all aspects, but we will be able to know whether it can serve the public interest, is in conformity with the people’s wish, or is in harmony with the nation’s realistic conditions or not at a time when we practically exercise it. We will have to test whether the principles suit to the practical life. In implementing a constitution, we will not be able to know its effects, good or bad, in a short time. A certain length of time is needed to know them. Only after a certain length of time, we will be able to know which provisions should remain unchanged and which ones should be adapted. The 1947 Constitution faced a situation that needed adaptation for ten years after its proclamation. It was dissolved in 1962 as no changes were made. Likewise, the 1974 Constitution met with the same fate because of the same reason in 1988 after existing for over 10 years. Hence, we believe that considerations for constitutional amendments should be made only after a certain length of time. The Constitution that is going to emerge in the nation is different from multiparty democracy system and socialist system, we had practised in the past, as it is a presidential system which will share the three organs of power in exercising them. It can be said a new system for Myanmar. We will be able to know its effects, good or bad, only after practising it for ten years. In that time, we can know the provisions that will remain unchanged and the ones that need adaptation.

Mr Chairman,

A constitution will become practical only after ten years of existence. As the term of Pyidaungsu Hluttaw is five years, two terms will be ten years.

We would like to suggest that the following detailed basic principle should be laid down.

“Other than the provisions stipulated in the Chapter on the State, the provisions of other chapters shall not be amended until after the end of the second term of the Pyidaungsu Hluttaw.”

Mr Chairman,

When the third Pyithu Hluttaw election is held after the end of the second term of the Pyidaungsu Hluttaw, the people will have experiences concerning the election for three times. We assume that at that time the people may have understood the democracy norms and ideas to a certain degree. The people who are farmers, workers, Tatmadaw members etc. may become persons possessing enough political knowledge as they have studied politics or the national affairs with keen interest. The Pyidaungsu Hluttaw members elected by such people will be the right persons at the rightful positions who have pragmatic ideas and required qualifications.

Instead of holding a nation-wide referendum, that will be a financial and an administrative burden on the nation, the following detailed basic principle should be adopted in making constitutional provisions.

“If there arises the wish to amend the constitutional provisions beginning from the end of the third term of the Pyidaungsu Hluttaw, the provisions of the chapters, other than the provisions of the Chapter on the State, shall be amended with the votes of two thirds of the members of the Pyidaungsu Hluttaw.”

Mr Chairman,

Ten years, during which the Constitution is being in force, after the emergence of the Constitution, there will arise a need to migrate from self-administered zones to self-administered divisions, and designate new selfadministered zones for the national races who have not got self-administered zones yet, and new Union territories because of the increase in population and intra migration, resulting from the constant political, economic and social developments. With sincerity, we have presented suggestions to the best of our intellectual ability to amend the legislation of Regions and States, self-administered divisions and self-administered zones, for the continued existence of the Constitution, and for the emergence of a peaceful, modern and developed democratic state.

State Flag, State Seal, National Anthem and the Capital

Mr Chairman,

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

Mr Chairman,

State Flag, State Seal, National Anthem and the Capital are essential characters epresenting the people of an independent and sovereign nation. State Flag, State Seal and National Anthem are used in national celebrations and international relations. They are also used in international meetings and sports events and state visits of the heads of foreign states and governments. The use of State Flag, State Seal and National Anthem in such occasions means that the participants of the meeting and sport events and the visiting heads of states or governments are representing their people, and their success is the people’s.

Mr Chairman,

There are other important factors concerning them. When the participants at a ceremony see the State Flag and hear the National Anthem, their patriotism rise. Likewise, the medal winning athletes will become more energetic to bring greater glories to the nation. As for overseas Myanmars their dejected feeling may disappear and patriotism may rise with the realization that they do have their motherland to depend on as soon as they see the State Flag and hear the National Anthem. The first thing to do whenever a victory is won in a difficult situation is to erect the State Flag. The successful scaling of Khakaborazi mountain is marked with the State Flag erected on its peak. Victory will be fully felt only if we can erect the State Flag after defeating the enemies at battles. So famous in this world concerning the State Flag is a memorial in which statues of soldiers trying to erect their State Flag on Iwajima Island during the World War II.

Mr Chairman,

Except from religion, the State Flag, only a life-less thing, and the National Anthem just a song, have the power to rekindle patriotism, accelerate efforts, erase dejection of intelligent human beings and to make them depend more on their own motherland.

Mr Chairman,

The following facts should be put into consideration in choosing the shape and design of the State Flag.

(a) to express the significant characters of the nation

(b) not to be mistaken by or be similar to State Flags of other nations

(c) to be clear and simple enough for even the primarily students to easily understand its essence and draw a picture of it. (this will help vitalize the patriotism of students since childhood days).

(d) to be easy to make duplicates or drawings of various sizes of the State Flag. I will give separate suggestions on the State Flag based on the above-mentioned facts.

The three colours — green, yellow and red — were included in the three-colour Daung Flag used during the national liberation struggle. And they have represented the nation’s significant conditions. Hence, they are suitable for the State Flag. The white star representing the whole Union should be placed in the centre of the Flag or in other words at the centre of yellow stripe instead of at the top to stand for the unity of the entire Union. The top point of the star should touch the base of green stripe and the two bottom points should touch the vertex of the red stripe. Only then the Flag will represent the unity and ensure uniformity in drawing or duplicating it.

Mr Chairman,

We have no further suggestions concerning the State Seal as the Work Committee Chairman’s explanations are comprehensive. The present National Anthem depicts the virtues of the nation. In addition, it portrays the love for independence that was regained through lots of blood, sweat and lives of our forefathers and the spirit to defend the Union at the risk of our lives and to strive in unity to serve the national interest. The song has been in the hearts and minds of the people regardless of their age brackets. Hence, the present National Anthem should be prescribed as the National Anthem.

Mr Chairman,

In pondering whether to adopt the detailed basic principle “The Capital of the State is Nay Pyi Taw.” Or not, we would like to suggest to lay down the following detailed basic principle concerning the matter.

The Capital of the State is Nay Pyi Taw as it

(a) is located in a place where transport with various parts of the nation is excellent

(b) has adequate number of buildings, sound transport and information network and easy intraconnections between government institutions, that are the characteristics of a Capital

(c) ensures facilitation in the connections between the institutions that will exercise the three organs of power of the State

(d) is free from inadequate electricity and potable water supply, traffic congestion and other kinds of confusion that are common in all economic hubs because of the high population density.

Now, I will present a weighty fact. The detailed basic principle “Yangon City, that is the Capital of the Union, is designated as the Union territory placed under direct administration of the President” is included in the chapter “the State Structure” to formulate the Constitution. Here, we should consider whether the said detailed basic principle that uses Yangon as the Capital should be annulled or amended or not and should designate Nay Pyi Taw as a Union territory.

All the citizens including the national races are residing in various regions. Religions, political convictions and economic views may be different from one another race-wise, group-wise and individual-wise. We firmly believe that however differences there may be, the national people singing the National Anthem under the flying State Flag will discard all those differences while resolutely upholding Our Three Main National Causes — nondisintegration of the Union, non-disintegration of the national solidarity and perpetuation of sovereignty — with ever rising patriotism in their hearts. With this, I conclude my presentation.

I am Independent Representative-Elect U Thein Kyi of Taungdwingyi Township Constituency (1) from the delegate group of representatives-elect.

Mr Chairman,

Now, I would like to make suggestions about the Work Committee chairman’s clarification to the points proposed for the Chapter “Transitory Provisions” to be included in the State constitution.

Mr Chairman,

A transitional period is a period during which all necessary arrangements have to be made in the process of transition from the old system to the new one. In doing so, tasks are to be implemented with great care especially in such a task of handing over State’s three branches of sovereignty—legislative, executive and judiciary—to be able to avert possible weaknesses. Generally, it can be said that there will be no difficulties in the transitional period from the old system to the new one because the Hluttaws, the governing body and courts still exist in the period.

In the period of absence of a State constitution, the three branches of sovereignty have to be handed over to the organs that will exercise these powers under the upcoming State constitution. So, the processes of handing over the powers are to be clear, specific and comprehensive and are to be in conformity with the prevailing conditions of the nation.

Mr Chairman,

Now, in our country, all the patriotic citizens are cooperating with the State Peace and Development Council in the drive for the emergence of a democracy country to which the entire people are aspiring. On the day on which our efforts come true, the SPDC that is currently practising the sovereignty will hand over the three sovereign powers to the bodies that will exercise the three sovereign powers under the forthcoming State constitution. In the process, what we will have to take into consideration are:

(a) how to tackle the cases that existed before the State constitution came into force,

(b) how long the ruling government will have to continue to exercise the three sovereign powers,

(c) how to consider the courts that have existed since the State constitution comes into force and personnel.

Mr Chairman,

Taking these points into consideration, I would suggest that the eight points the Work Committee chairman explained:

1. This Constitution shall come into force throughout the Union after its adoption in a nationwide referendum by more than half of all the people who have the right to vote.

2. The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constitution..

3. The work done by the State Peace and Development Council to bring the Constitution into force shall be deemed to have been carried out in accord with this Constitution.

4. All policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the State Peace and Development Council shall be devolved on the Union of Myanmar.

5. Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.

6. Existing rules, regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Union Government

7. All courts existing on the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are established by law in accord with this Constitution. All cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the date on which the cases came up for trial.

8. All functioning State service personnel of departmental organizations including Tatmadaw under the State Peace and Development Council on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Government of the Union of Myanmar.

should be adopted as detailed basic principles.

Mr Chairman,

I would like to make suggestions about paras No 2 and No 5.

Paragraph No 2 says “The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constitution.”

This point means the SPDC will have to exercise the sovereign power just till the first session of the Pyidaungsu Hluttaw is held. In such time, I do not think it is convenient to hand over the sovereign power to the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw will have to elect and accept the State President who is the administrative head.

Then, the State President will have to form his governing body and appoint the State chief justice. Only such a time will it be convenient for the bodies that have to take over the State’s sovereign powers are ready to assume discharge of their duties. So, the para (2) should be:

“The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out till the bodies, which are formed and assigned duties under this Constitution beginning from the date on which this State Constitution comes into force, assume discharge of their duties.”

And paragraph (5) says “Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw”. From the time the State constitution comes into force to the time of the emergence of the Constitutional Tribunal, there will not be yet an organization that has power to decide whether a law is contrary to the State constitution. So, in the para, the expressions “Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw” should be “Existing laws shall remain in force until and unless they are repealed or amended by the Pyidaungsu Hluttaw”.

Mr Chairman,

It is to make sure that the predecessor has to transfer the State’s three branches of sovereignty systematically and the successor also has to take over the State’s three branches of sovereignty systematically. Only then, will the process of transferring the State’s three branches of sovereignty systematically will be smooth. In the process, steps should be taken with great care to avert adverse effect in the interests of the people because the drawing of the State Constitution is just to serve the public interests. I would also like to make suggestions about the points the Work Committee chairman explained for the Chapter “General Provisions”.

Mr Chairman,

Now, the delegates are holding discussions to adopt the basic principles and detailed basic principles for 15 chapters through the National Convention. I would like to make suggestions about the last chapter “General Provisions”. We conducted a careful study on the points the Work Committee chairman explained for the Chapter “General Provisions”. Then, we found all he explained were in conformity with both the prevailing conditions and forthcoming conditions under the State Constitution. The State Constitution is to be the main pillar of the laws of the nation and other laws are to be in conformity with the State Constitution. The NC plenary session held on 16 September 1993 adopted the basic principles for the Chapter “General Provisions”. Concerning the General Provisions, the following fundamental principles have already been laid down by the plenary session of the National Convention on 16 September 1993.

(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.

Mr Chairman,

The Constitution written in Myanmar language will be adopted and promulgated. In the process, only the expressions written in Myanmar should be defined with the use of the Expression Interpretation Law. The Myanmar manuscript of the Constitution should be kept for record in the National Archives. And it is to be the conclusive evidence of the provisions contained in the Constitution. So, the first six points the Work Committee chairman explained should be adopted as detailed basic principle.

Mr Chairman,

It is to make sure that in order to pursue the marketoriented economic system, the government permits a person or an organization or a cooperative society or the Region Government or the State government to run any of the economic enterprises, which the government has to solely operate, under the terms and conditions in the interests of the State.

Therefore, the point:

“7. In the interest of the State, the Union Government may permit—

(a) Region or State government,

(b) a cooperative society or a person to run any of economic enterprises, which are prescribed to be operated solely by the Union Government, through a joint-venture system with the Union Government or under agreements.”

should be adopted as a detailed basic principle.

Mr Chairman,

A nation sees political changes occasionally. In such a time, there must be some treaties and agreements that have been signed between the government of that nation and the governments of some other countries. The Work Committee chairman also explained that in that regard, the Union of Myanmar will have to honour the legitimate obligations arising out of any treaties or agreements which have been in force before the coming into force of this Constitution between the Government of Myanmar and the Government of any other State provided that these countries honour any reciprocal obligations towards the Union of Myanmar. Any proceedings relating to contracts signed with the Government of the Union of Myanmar or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought for losses against the Union Government to be formed under this Constitution. Similarly, if given the similar right, the Government of the Union of Myanmar should also have the right to sue the bodies concerned. Likewise, the Union of Republic of Myanmar that will come into existence after this Constitution comes into force may be sued by the name of the Union of Republic of Myanmar. So, para (8) and sub-paragraphs (a) and (b) of paragraph (9) should be adopted as detailed basic principles.

Mr Chairman,

Under the forthcoming State constitution, there will need to form a Constitutional Tribunal. The points the Work Committee chairman explained in the process such as membership of its members including a chairman, fixing qualifications to be possessed by members, and tenures of the members and ages, are appropriate and complete. So, the paras No 10 to 14 should be adopted as detailed basic principles.

Mr Chairman,

The term of the Constitutional Tribunal should be the same as that of the Pyidaungsu Hluttaw five years. On expiry of its term, however, it should continue to carry out its functions till the President forms a new Constitutional Tribunal.

Therefore, the point:

“The term of the Constitutional Tribunal is five years, the same as that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal, on expiry of its term, shall continue to carry out its functions till the President forms a new Constitutional Tribunal under this Constitution.”

should be adopted as a detailed basic principle.

Mr Chairman,

He also explained that if a member of the Constitutional Tribunal is a member of a Hluttaw, he shall resign from the Hluttaw concerned; that if he is a government employee, he shall retire from civil service; that if a member of the Constitutional Tribunal is also a member of a political party, during the tenure of membership he should have no right to participate in the activities of the political party concerned; that If a member of the Constitutional Tribunal wishes to resign due to a reason before expiry of his tenure, he should have the right to submit his resignation to the President; and that a new member should be appointed if there is a vacancy in membership in the Constitutional Tribunal. The proposed points are found appropriate and complete. So, sub-paragraphs (a), (b) and (c) of paragraph (16), paragraph (17) and paragraph (18) should be adopted as detailed basic principles..

Mr Chairman,

He explained that a member of the Constitutional Tribunal should be blamed or impeached due to such kinds of disqualification as loyalty to the State, failure to adhere to the provisions of the Constitution. These points are clear and reasonable. The detailed basic principles concerning the Constitutional Tribunal have been adopted. He also elaborated matters on interpreting the provisions of the State Constitution, scrutinizing whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws are in conformity with the State Constitution, and making decision on disputes in connection with the State Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas. These points are appropriate and complete. So, sub-paragraphs (1), (2), (3), (4) and (5) of paragraph 19 (A) and paragraph 19 (B) and subparagraphs (a), (b), (c), (d) and (e) of paragraph 20 (A) should be adopted as detailed basic principles.

Mr Chairman,

The courts have to hear criminal cases and civil law cases in accord with the existing laws. In the process, the Work Committee chairman said that if there is a dispute as to whether a provision of a law is in conformity with the Constitution in a case being heard by a court, the Constitutional Tribunal is responsible for deciding such a case; that the court concerned should suspend the case it is hearing; and the decision of the Constitutional Tribunal shall be final. His explanation is complete. And his explanation about the definition of the Constitutional Tribunal, its decision, the persons whose stances are to be sought, and procedures is reasonable and appropriate. So, paragraphs 21, 22, sub-paragraphs (a), (b), (c), (d), (e) and (f) of paragraphs 23, and sub-paragraphs (a), (b), (c) and (d) of paragraphs 24 should be adopted as detailed basic principles.

Mr Chairman,

The Pyidaungsu Hluttaw will have to prescribe necessary laws for formation of the Constitutional Tribunal, relations with other organizations, and responsibilities, rights and privileges of the Constitutional Tribunal. In the process, the role of the chairman of the Constitutional Tribunal should be designated to be equivalent to the position of a Vice- President, and a member of the Constitutional Tribunal, to the position of a Union inister in order to make reference.

Therefore, the points the Work Committee chairman proposed:

25. Formation and relations of the Constitutional Tribunal, and duties, rights and privileges of the chairman and members of the Constitutional Tribunal shall be prescribed by law.

26. The role of the chairman of the Constitutional Tribunal 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 in prescribing by law regarding the duties, rights and privileges of the chairman and members of the Constitutional Tribunal.

should be adopted as detailed basic principles.

Mr Chairman,

Now, we have made suggestions about 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. In the near future, the State Constitution, to which the people are aspiring, will come into force based on the basic principles and detailed principles the National Convention has adopted. Temporarily putting aside our economic and family affairs, we delegates have made all-out efforts to achieve this goal. That is our pleasure.

Our sincere thanks go to the chairman and members of the National Convention Convening Commission for the arrangements for cordial meetings between national brethren, ensuring smooth operation of the functions of the National Convention, and handling the difficulties of the delegates with goodwill; to the chairman and members of the NC Work Committee for the compiling facts and explanation about the necessary points for the constitution for the convenience of the delegates; to the chairman and members of the NC Management Committee for the arrangements for the welfare of the delegates, and to the service personnel who have discharged duties day in, day out.

Mr Chairman,

Before long, all our efforts will come into fruition. Then, we will have to say goodbye to each other and go home. I think we will make greater efforts when we have opportunity to collectively serve the interests of the nation and the people for the next time.