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 presented by the Delegate Group of Farmers at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 28-12- 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 National Convention delegates health and happiness.

I am U In Shein of the delegate group of peasants of Kawthoung Township, Taninthayi Division.
We of the delegate group of peasants held a meeting on 23 November and formed a proposal-compilation group comprising one each from 14 states and divisions to give suggestions on the detailed basic principles for the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “Transitory Provisions” and “General Provisions” explained by the Work Committee Chairman at the plenary session of the National Convention held from 10 to 13 November 2006. The proposal compilation group compiled the paper after seeking sound suggestions from the delegates and holding coordination with members of the panel of chairman.

Amendment of the Constitution

Now, I will present the paper on the chapter “Amendment of the Constitution”.

Mr Chairman,

When we study the constitutions of world nations we find that some constitutions are difficult to be amended and some easy to do so. The weak points of the adaptation difficult constitutions are that the legislative body has to follow a special arrangement as it has no complete administrative power, that an amendment needs vote of confidence of the public and the states, and that a special body should be assigned. Because of such hardships, the constitution has less power to adapt itself to the changing political, administrative, economic and time and situation, thereby, leading to a decline in political, administrative and economic sectors. A constitution may suit best to the nation’s realistic conditions at the time when it was drafted and adopted. There may come out adverse consequences if the constitution has weakness in making necessary amendments and endorsements in accord with the advancing time and prevailing situation and changing political, administrative and economic conditions.

Mr Chairman,

The minus points of the amendment-friendly constitutions are that the legislative bodies has the full power to make constitutional amendments as easy as enacting an ordinary law needing just a self-interpretation for the purpose. Ours should not be a constitution whose provisions are so easy to be amended.

Mr Chairman,

The coming Constitution of the nation represents the land, water and other natural conditions of the Union of Myanmar and objective conditions such as customs, traditions and culture. We are writing the constitution to be in harmony with the present political, administrative, and economic sectors while taking into account the changes that may occur in future. But according to the law of changes there may arise a situation which demands the amendment of the respective chapters and articles of the constitution.

Mr Chairman,

As I have suggested, our constitution should not be the one which is not so difficult nor too easy to be amended. We must avoid the two extremes and choose the middle way.

Mr Chairman,

We have studied explanations made by Work Committee Chairman concerning the chapter “Amendment of the Constitution” at the plenary session of the National Convention held on 10 November 2006. We found that the chapter is almost free from weaknesses in making amendment that can be found in the constitutions of some world nations. We agree that the explanations are comprehensive and in accord with democracy practices.
Concerning the chapter, we are in support of adopting the following detailed basic principles.

Suggestions will be made on the detailed basic principles to be adopted for the Chapter “State Flag, State Seal, National Anthem and the Capital” to be included in formulating the Constitution.
Every independent and sovereign nation prescribes the State Flag, State Seal, National Anthem and the Capital in accord with its history, conviction and beliefs.

Mr Chairman,

The coming Constitution will prescribe the State Flag which is the pinnacle of all the citizens. The colour white representing the sincerity, purity of mind and nobility of the Myanmar people should be included in the State Flag.
The Union of Myanmar has been striving to develop her economy, with agriculture as the base. As Myanmar is an agro-based nation, the colour green that stands for peace and tranquillity and lush and verdant environment should be used in the Flag.
Yellow that depicts solidarity, harmony, re-consolidation and love and unity of all the national races in addition to the nation’s rich above-ground and underground natural resources should be included in the Flag. Yellow is the auspicious colour of Myanmar renowned as the Golden Myanmar or Golden Land for her rich natural resources. Moreover, red, which means valour and decisiveness of the Myanmar people, should also be portrayed.

Mr Chairman,

The perpetuation of the Union of Myanmar can be ensured with the patriotism of the people. The strength of the nation lies within. A large white star directing upwards and representing the nation whose virtue is the unity of her people and the ability to stand on her own feet should be included in the Flag.
The Flag is marked with green, yellow and red stripes in a proportionate ratio. The said three colours reflect the nation’s natural conditions and national unity. On the left end of the green stripe at the top of the Flag is a large white star directing upwards.

Mr Chairman,
For the national people to always uphold Our Three Main National Causes — non-disintegration of the Union; non-disintegration of national solidarity; perpetuity of sovereignty and for the nation to exist forever, the State Seal should include the map of Myanmar to represent the fundamental principle of the State Structure which says that no part of the territory of the Union shall ever secede from the Union.
In accord with the adopted fundamental principle “the State shall be known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw”, the words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be included in the State Seal.
As the strength of the nation lies within and in accord with the fine traditions of unity of the national races, a white star representing Myanmar’s ability to stand on her own feet should be included in the State Seal. The portrait of the lion king representing the people who are endowed with courage and physical and intellectual ability and who will safeguard the Union of Myanmar at the risk of their lives and the Myanmar traditional floral arabesque standing for the high civilization and hospitality of the Myanmar people should be included in the State Seal.

Mr Chairman,

The National Anthem should be a song depicting the essence of the State Flag and the State Seal and declaring the conviction and belief of the Myanmar people to safeguard Our Three Main National Causes with blood, sweat and lives. It should be a song that is the soul of the national races and helping vitalize their nationalistic fervour.

Mr Chairman,

The present National Anthem which expresses the following verses
“Our land where freedom and justice prevails
“Our land and country where equality and sincerity ensures peace for all
“Let us make a firm resolution to safeguard and preserve our Union heritage for its perpetuation” has been used in the nation for many years. It also reflects the unity, fairness and equality of the people of the Union of Myanmar where the noblest and worthiest of worldly values are further burgeoning. The song also vitalizes the nationalistic fervour of the national brethren to the degree of daring to safeguard Our Three Main National Cause at the risk of their lives.

Mr Chairman,

The Capital of the Union of Myanmar should be located at its centre. The Capital should be the hub of the nation that is easily accessible. It should be in a place where transport with all the states and divisions is good and smooth. It should be the city that can run the administrative machinery of the entire nation in accord with the schedule.
Now, all the government institutions are carrying out their normal functions at their head offices set up in Nay Pyi Taw. Hence, Nay Pyi Taw that is in the heart of Myanmar, where the head offices of government institutions are now located and where transport with every part of the nation is good should be the Capital of Myanmar.

Mr Chairman,

We find that the explanations made by the Work Committee Chairman at the plenary session of the National Convention held on 10 November 2006 concerning the chapter “State Flag, State Seal, National Anthem, the Capital” are appropriate and comprehensive. Thus, concerning the chapter, the following detailed basic principles should be adopted.

I am U Shwe Hla, a National Convention delegate of An Township, Rakhine State. I will present the suggestion on the chapter “Transitory Provisions”.
The new Constitution will include provisions in connection with the transitory period. When a new constitution is promulgated, all three pillars — the legislature, the executive and the judiciary — and economic and social infrastructures will change.
The formal process of transition needs to be smooth. And the sovereign power of the State should run as normal to hand over the sound political heritage to the new era. Hence, the transitory provisions are stipulated in a constitution.

Mr Chairman,

International events show that in changing a political system, a nation cannot import other countries’ political systems or copy them. The process of transition should be based on the objective conditions of the nation and people. To avoid the evil consequences resulting from the act of importing other’s systems, the government laid down and is implementing the seven-point Road Map that suits best to the objective conditions of the Union of Myanmar.
The Constitution drafted in accord with the fundamental principles and detailed basic principles adopted by the National Convention within the framework of the seven-point Road Map will be ratified at a nation-wide referendum.

Mr Chairman,

After the State Constitution comes into force, the State Peace and Development Council will have to hand over the power to the Pyidaungsu Hluttaw that will emerge under the State Constitution. Hluttaws to be formed under the State Constitution will not emerge immediately, but only after Hluttaw members have been elected. The three sovereign powers of the State — legislative, executive and judicial powers — can be exercised continuously only if the State Peace and Development Council exercises the three sovereign powers during the transitional period between the adoption of the State Constitution and coming to being, of the Hluttaws and then hands them over.
A detailed basic principle should be adopted with respect to ensuring continuous exercise of State sovereignty during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened.
Moreover, Hluttaw members will be elected in accord with the State Constitution. In the process, the State Peace and Development Council will have to take necessary steps in accord with the State Constitution.
Power should be vested in the State Peace and Development Council to carry out legislative functions on behalf of the Pyidaungsu Hluttaw heretofore the Pyidaungsu Hluttaw comes into existence. In this regard, it is required to lay down a principle to recognize that 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 the Constitution.
There should be adopted detailed basic principles regarding the work done by the State Peace and Development Council to bring the State Constitution into force till the date on which the State Constitution come into force.

Mr Chairman,

The State Peace and Development Council has built basic foundations to realize the State objectives, and issued policy guidelines, laws, rules, regulations, orders, and proclamations to expedite all-round tasks for building a modern developed democratic nation. Accordingly, a detailed basic principle “All measures, responsibilities and rights of the State Peace and Development Council shall devolve on the Pyidaungsu Hluttaw that will come into being under the State Constitution” should be laid down.

Mr Chairman,

The Union of Myanmar has existing laws that have been practised throughout the successive years. Before a new Constitution comes into operation, the existing laws continue to be in force in a nation. After the new Constitution comes into operation, without prejudice to the new Constitution, the existing laws are to remain in force. And any existing laws contrary to the Constitution are to be amended or repealed from time to time by the Pyidaungsu Hluttaw.
Similarly, before a new Constitution comes into force, there have been predominant rules, regulations, byelaws, notifications, orders, directives and procedures in a country. After the new Constitution comes into operation, these existing rules, regulations, bye-laws, notifications, orders, directives and procedures are to remain in force if they are not contrary to the new Constitution, and to be annulled if they are contrary to the new Constitution.

Mr Chairman,

After a Constitution comes into force, it is needed to take steps such as judicial formation or establishment of courts at different levels, and devolving of jurisdiction and powers to courts at all levels in accord with the Constitution. Jurisdiction should devolve upon all courts existing on the date of the coming into operation of the Constitution until new courts have been established by the law in accord with the Constitution to ensure continuous exercise of jurisdiction during the transitional period.
Likewise, all functioning administrative bodies or governmental bodies and service personnel are to continue in their functions. It is also required to ensure regular attendance of the service personnel.

Mr Chairman,

The delegate group of peasants has studied explanations made by the Work Committee Chairman at the plenary session of the National Convention held on 13 November 2006 concerning the chapter “Transitory Provisions”. We have found that the Work Committee Chairman has explained the most suitable programme to hand down the fine political traditions as the heritage to the new ear and ensure a smooth step-by-step transitory process.
Thus, concerning the chapter “Transitory Provisions”, the following eight detailed basic principles should be adopted.

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 Hlutaw 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 devolve 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”

U Tun Oo a delegate of the peasants group of North Okkapala, Yangon Division, will read the proposal paper on General Provisions.

General Provisions

Mr Chairman and National Convention delegates,
I am U Tun Oo a delegate of the peasants group of North Okkalapa, Yangon Division. I will present suggestions on the chapter “General Provisions”.
Ever country of the world writes the Constitution that is the main law that reflects a nation’s history and portrays the structure of that nation. Moreover, the Constitution is the main stem 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 that are like the branches of the Constitution should be in conformity with the Constitution. In the 1974 Constitution of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of laws of the State.
There should be a detailed basic principle which states:
“This Constitution is the basic law of laws of the State.”

Mr Chairman,

Myanmar language is widely used in various parts of the nation. The fundamental principle has been laid down with the purpose of ensuring uniformity and clarity in communications between the people and the government institutions, and among the government institutions, without any controversy. The fundamental principles are the guidelines in interpreting laws. The fundamental principles were laid down and adopted in accord with the natural conditions, history and current situation of the nation after making consideration from various points of view for political stability and progress and prosperity of the future state. They are guidelines in interpreting provisions of the State Constitution and of other laws.
The following two fundamental principles should be transferred to the Chapter “General Provisions”

Only the Constitution written in Myanmar language will be adopted and promulgated. Afterwards, the Constitution may be translated into other languages as necessary. Although the Constitution may be translated into various languages, only the Constitution written in Myanmar language will be adopted and promulgated. And if there arises a matter to interpret a provision it will be based on Myanmar text not to cause wrong expressions, translations and disputes on interpreting the preamble and every single article and clause. Interpretation of the expressions of the Constitution should be referred to the existing Interpretation of Expressions Law.

Mr Chairman,

The Constitution of a nation is the milestone of that nation and it is written in harmony with the historical events. Hence, the Constitution is worthy of recording as a historic landmark. It is required to keep the manuscript of the Constitution safely for a long time. The country has the National Records and Archives Law. In accord with the law, the Myanmar manuscript of the Constitution, that has been adopted and promulgated through a referendum, should be enrolled for record in the National Archives. The manuscript is the conclusive evidence of the provisions contained in the Constitution.

Mr Chairman,

The National Convention has already adopted a fundamental principle “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.” Now, the nation has seen many economic enterprises that are jointly run with the government based on mutual interest, or internal or external organizations or persons are running under the terms and conditions stipulated by the State. After the State Constitution comes into force, there will emerge economic enterprises that will have to be shared among the Union government, Region government or State government, cooperative and private companies sector-wise in accord with the situation under the respective rules and regulations. There may arise a situation for which a Region or State government is to be vested with the right to run one of the economic enterprises which the Union government has to run solely, in the interests of the State. Moreover, there may arise situations for which a cooperative society or an economic organization or a person may enjoy the right to run such economic enterprises. And there may arise a situation for which a Region or State government is to be vested with the right to run one of the economic enterprises which the Union government has to run solely, in the interests of the State. Moreover, there may arise situations for which a cooperative society or an economic organization or a person may enjoy the right to run such economic enterprises. It is assumed that a detailed basic principle should be adopted that in such a situation, a Region or State government, a cooperative society or a person can run such kinds of economic enterprises with the government through joint-venture system or under agreements.

Mr Chairman,

There have been many treaties and agreements the Government of the Union of Myanmar ratified after regaining independence in 1948 with the governments of other countries. 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 commencement 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. In this regard, the detailed basic principle “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” should be adopted.

Mr Chairman,

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 should have the right to sue and may be sued by the name of the Union of Republic of Myanmar. A detailed basic in connection with the said fact should be adopted.
The remaining part of our proposal paper concerning the chapter will be presented by U Sai Yi Mon, a National Convention delegate of Namhkam Township, Shan State.

I am U Sai Yi Mon, a National Convention delegate of the delegate group of peasants of Namhkam Township, Shan State.
Now, presentation will be made on the formation of the Constitutional Tribunal, the election of its members including the chairman and the term and qualifications of the members. The functions of the Constitutional Tribunal are of great importance. Some of them are to define the provisions of the State Constitution if necessary, and resolve disputes on matters related to the State Constitution. So, a member of the Constitutional Tribunal should be the one who is at least 50 years of age with the qualifications set for a Union Chief Justice and a Union Chief Court Judge. In addition, he should be knowledgeable about political, administrative, economic and security affairs. We assume that it will be suitable if the membership of the Constitutional Tribunal is nine including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw should choose three members each from Hluttaw members or non-Hluttaw members with the approval of the Pyidaungsu Hluttaw. It is assumed that the Pyidaungsu Hluttaw should not have the right to reject the members of the Constitutional Tribunal nominated by the President unless it can prove the members disqualified. In addition, the President should have the right to nominate new members for the seats that are still vacant due to the failure to obtain the agreement of the Pyidaungsu Hluttaw.

Mr Chairman,

Now, explanation will be made on the term of the Constitutional Tribunal. A detailed basic principle has been adopted that the term of the Pyidaungsu Hluttaw shall be five years. The term of the Constitutional Tribunal should be the same as that of the Pyidaungsu Hluttaw. On expiry of its term, however, it should continue to carry out its functions till the President forms a new Constitutional Tribunal.

Mr Chairman,

If a member of the Constitutional Tribunal is a member of a Hluttaw, he shall resign from the Hluttaw concerned on the date he is appointed as a member of the Constitutional Tribunal. And if he is a government employee, he shall retire from civil service in accord with the civil service rules and regulations. The Constitutional Tribunal shall be free from political bias in settling disputes related to the State Constitution. So, 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. 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. Moreover, a basic principle should be prescribed in the State Constitution to appoint a new member if there is a vacancy in membership in the Constitutional Tribunal.

Mr Chairman,

A member of the Constitutional Tribunal should possess such qualifications as loyalty to the State, adherence to the provisions of the Constitution, and good character. If he fails to honour these requirements or violates any of these rules, he should be blamed or impeached under the provisions prescribed in this Constitution set to blame or impeach the Union Chief-Justice or a Union Supreme Court Judge.

Mr Chairman,

The detailed basic principles on the Constitutional Tribunal have been laid down. It is said that a Constitutional Tribunal shall be set up to interpret provisions of the State Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of the Union, Regions, States and Self-Administered Areas are in conformity with the State Constitution, to decide on disputes in connection with the State Constitution between the Union and Regions, between the Union and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves to perform other duties prescribed in the State Constitution. The tasks to be carried out by the Constitutional Tribunal are stated in these detailed basic principles.
As regards the matter, the following detailed basic principle should be adopted.

“ The functions of the Constitutional Tribunal are as follows:
1. to interpret provisions of the State Constitution;
2. to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of the Union, Regions; States and Self- Administered Areas are in conformity with the State Constitution;
3. to scrutinize functions of executive authorities of the Union, Regions, States and Self-Administered Areas are in conformity with the State Constitution;
4. to decide on disputes in connection with the State Constitution between the Union and Regions, between the Union and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves to perform other duties prescribed in the State Constitution;
5. to decide on disputes in connection with the rights and responsibilities of the Union and Regions; or States or Self-Administered Areas in implementing Union law by Regions, States or Self-Administered Areas;
6. to scrutinize and decide on matters relating to Union territories informed by the President,
7. functions entrusted by laws prescribed by the Pyidaungsu Hluttaw”.

The courts have to hear criminal cases and civil law cases in accord with the existing laws. In the process, 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 on such a case. The court concerned should suspend the case it is hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. Regarding the dispute, the decision of the Constitutional Tribunal should apply all the cases, and the decision should be final. A detailed basic principle should be adopted in connection with the matter.
The Constitutional Tribunal is responsible for interpreting the provisions of the State Constitution. In the process, the President, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the Speaker of the Amyotha Hluttaw, the Union Chief-Justice and the chairman of the Constitutional Tribunal should have the right to submit the cases directly to the Constitutional Tribunal. And in a case in which Region or State Chief Minister; the Speaker of the Region or State Hluttaw; the chairman of the Leading Body of the Self-Administered Areas and at least 10 percent of members of the Pyithu Hluttaw and the Amyotha Hluttaw submit a case to interpret the Constitution, they should have the right to do so in accord with the procedures rather than submit directly. Concerning the matter there should be an adopted detailed basic principle.
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 minister in order to make reference in prescribing the laws. A detailed basic principle should be adopted in connection with the matter.

Mr Chairman,

The 26 detailed basic principles explained by the Work Committee Chairman concerning the chapter “General Provisions” should be adopted.

Mr Chairman,

We the delegate group of peasants agree that the four detailed basic principles concerning the chapter “Amendment of the Constitution”, the five detailed basic principles in connection with the chapter “State Flag, State Seal, National Anthem, the Capital”, the eight detailed basic principles regarding the chapter “Transitory Provisions” and the 26 detailed basic principles in connection with the chapter “General Provisions” should be adopted.

Mr Chairman and National Convention delegates,

We have already made a resolve for the success of the National Convention for the emergence of a modern and developed discipline-flourishing democratic state, and to join hands firmly with all while having in mind the true patriotism till the seven-point Road Map has been successfullyrealized step by step.