The following is the clarification of the National Convention Convening Work Committee on the detailed basic principles that should be adopted in the chapter “Amendment of the Constitution” to be included in drawing the State constitution at Nyaunghnapin Camp in Hmawby Township yesterday.

Mr Chairman and National Convention delegates,

I extend my warm greetings to you and may you be blessed with physical and mental well-being and auscipiousness.

At the plenary sessions held on 10 November 2006, the Work Committee chairman explained the detailed basic principles that should be adopted for the Chapter “Amendment of the Constitution”. Regarding the Work Committee chairman’s explanation, representatives of the delegate groups held group-wise discussions, compiled and read out proposal papers at the plenary sessions held from 21 to 29 December 2006. Of the proposals for the basic principles and detailed basic principles the NC had laid down, appropriate ones were submitted. Some of them are the ones that can benefit the nation and the people. So, regarding such kinds of proposals, the Work Committee sought the approval of the delegate groups through members of the panel of chairmen.

The Work Committee made a thorough study of the delegates’ suggestions about the Chapter “Amendment of the Constitution”. The National Convention Convening Commission evaluated and adopted the suitable detailed basic principles the Work Committee had compiled. Now, I will explain the suitable detailed basic principles to be adopted for the Chapter “Amendment of the Constitution”.

Esteemed NC delegates,

At the NC plenary session held on 10 November 2006, the Work Committee chairman regarding the Chapter ‘Amendment of the Constitution’ said, “The nation after adopting and promulgating the Constitution will have to make amendments as necessary depending on time and situation. When the amendments of the Constitutions of some nations are studied, there are two ways to amend a Constitution. The first method is to hold a referendum to make an amendment of some provisions of the Constitution after 75 per cent of all the members or two-thirds of the members have made a prior approval to amend them. The second method is to amend some provisions of the Constitution with the approval of 75 per cent of all members or two-thirds of the members. The Amendment of the Constitution has been prescribed in the Constitution as a separate Chapter. In the Union of Myanmar also, the topic has been provided as a separate Chapter in both the 1947 Constitution and the 1974 Constitution.

Then, the Work Committee chairman said, “Based on the study and appraisals, a collection of detailed basic principles that should be laid down for the Chapter Amendment of the Constitution is presented as follows:

1. If there is wish to amend any of the provisions of this Constitution, the following methods shall be applied:

(a) The proposal to amend the Constitution shall be submitted in the form of a Bill.

(b) A Bill to amend the Constitution shall contain no other proposals.

2. Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw.

3. The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw members submit it.

4. (a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote.

(b)Provisions other than those mentioned in the paragraph (a) shall be amended only with a majority vote of more than 75 per cent of all the members of the Pyidaungsu Hluttaw.

(c) Articles that are relevant to or inclusive in Chapters stated in the paragraph (a) shall be prescribed when the Constitution is drafted.

The points I have explained for detailed basic principles win the support of the delegate groups:

- the Delegate Group of National Races,

- the Delegate Group of Peasants,

- the Delegate Group of Workers,

- the Delegate Group of Intellectuals and Intelligentsia,

- the Delegate Group of State Service Personnel,

- the Delegate Group of Other Invited Persons, and

- the political parties from the Delegate Group of Political Parties:

- the National Unity Party

- the Union Pa-O National Organization

- the Shan State Kokang Democratic Party

- Mro or Khami National Solidarity Organization

- the Lahu National Development Party

- the Union Kayin League

- the Kokang Democracy and Unity Party

- the Wa National Development Party, and

- representatives of political parties from the

Delegate Group of Representatives-Elect, and three Independent Representatives-Elect including Dr Hmu Htan, and six Independent Representatives-Elect including U Tin Win.

Mr Chairman,

I would also like to present separate suggestions of the NC delegate groups.

The Shan State Kokang Democratic Party said, “Regarding the Chapter “Amendment of the Constitution”, we would like to present our views about sub-paragraphs (a), (b) and (c) of Para (4).

“After the establishment of an independent state, a Constitution is adopted. But constitutional amendments in connection with some of the prescribed provisions will have to be made due to certain reasons or if and when necessary. The amendment of any provision of the Constitution is as important as the lifeblood of the nation. Instead of amending the Constitution with the referendum or over 75 per cent of the members of the Pyidaungsu Hluttaw in accordance with the stipulations of the constitution, a detailed basic principle should be adopted to amend the constitution if over 50 percent of the members of representative Hluttaws proposed to do so.

“Hence, sub-para (a) of Para 4 should be “The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislative, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 50 per cent of all the members of the Pyidaungsu Hluttaw, in a nationwide referendum only with a majority vote of more than half of those who have the right to vote”;

Sub-para (a) of Para 4, “Provisions other than those mentioned in the paragraph (b) shall be amended only with a majority vote of more than 50 per cent of all the members of the Pyidaungsu Hluttaw”, and sub-para (c) of Para 4 Articles that are relevant to or inclusive in Chapters stated in the paragraph (a) shall be prescribed when drafting the Constitution is drafted.”

To assess the suggestion, I would say, the designation of “after more than 75 per cent of the members of the Pyidaungsu Hluttaw approve” is to uphold Our Three Main National Causes and ensure perpetual existence of the Union along with harmonious cooperation of all Hluttaw members. If a principle is adopted through which provisions can be amended with the approval of not many per cent of Hluttaw members, it will have an adverse effect on the initial objective “Proper evolution of an enduring State Constitution” alongside disunity among the Hluttaw members. So, the designation is aimed to avert such undesirable consequences.

Mr Chairman,

Independent Representatives-Elect from the Delegate Group of Representatives-Elect—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 Constituency (2) presented the stances of their parties.

As a separate suggestion, they said, “A constitution will become practical only after ten years of existence. As the term of the Pyidaungsu Hluttaw is five years, two terms will be ten years.

“We would like to suggest that the following detailed basic principle should be adopted.

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

“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, servicemen 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 position who have pragmatic ideas and required qualifications.

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

“If there arises the wish to amend the constitutional provisions beginning from 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.”

In this regard, we notice two parts. Regarding the first part, if this suggestion is adopted, it will impose restrictions on the powers of the Pyidaungsu Hluttaw. Moreover, it will disrupt the vesting of powers in the Hluttaw on behalf of the people.

The second part is the same, as the suggestion of the Shan State Kokang Democratic Party. I have made a similar explanation.

Mr Chairman,

The Delegate Group of National Races said, “We Delegate Group of National Races would like to make a suggestion about paragraph (3).

“The Pyidaungsu Hluttaw will have to make constitutional amendments as and when necessary because of the globalization process or advancing time and situation. We are glad to know the inclusion of the expression “if 20 per cent of all the Pyidaungsu Hluttaw members submit it” in the para 3 as it ensures democracy rights for the minority. The Pyidaungsu Hluttaw after accepting and discussing the Bill will make a decision with majority votes to amend or annul the respective articles in accord with the prescriptions. It will not be proper if 20 per cent of the Pyidaungsu Hluttaw members submit the same amended or rejected Bill to the Pyidaungsu Hluttaw again. We believe that submitting a proposal to amend anyone of the provisions of an enduring State constitution is not appropriate. In our assumption there should be a prescribed time limit to resubmit the Bill whether it is approved or rejected. As the Bill to make constitutional amendments should not be re-submitted during the appropriate time of the Pyidaungsu Hluttaw term although there are 20 per cent of all the Pyidaungsu Hluttaw members to submit it, the matter should be take into consideration in enacting parliamentary laws and rules.”

To assess their suggestion, I would say, they mentioned the points that should be taken into consideration in issuing laws, rules and directives. So, their suggestion will be put on record so that it can be under discussion, as appropriate when laws, rules and regulations on election are to be issued.

So, the detailed basic principles for the Chapter “Amendment of the Constitution”:

1. If there is wish to amend any of the provisions of this Constitution, the following methods shall be applied:

(a) The proposal to amend the Constitution shall be submitted in the form of a Bill.

(b) A Bill to amend the Constitution shall contain no other proposals.

2. Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw.

3. The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw members submit it.

4. (a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judici ary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote.

(b)Provisions other than those mentioned in the paragraph (a) shall be amended only with a majority vote of more than 75 per cent of all the members of the Pyidaungsu Hluttaw.

(c) Articles that are relevant to or inclusive in Chapters stated in the paragraph (a) shall be prescribed when the Constitution is drafted.” are adopted.