The following is the collection of suggestions made by NC delegates on the Chapter “General Provisions” submitted to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township on 23 July 2007.

At the plenary session held on 13 November 2006, the Work Committee chairman, regarding the Chapter “General Provisions” said, “A Constitution is the main law that reflects a nation’s history and portrays the structure of that nation. Moreover, the Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic systems. Hence all the laws of a nation 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.”

1. This Constitution is the basic law of laws of the State.

2. Myanmar language is the official language.

3. 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.

4. Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on Myanmar text.

5. Interpretation of the expressions of this Constitution should be referred to the existing Interpretation of Expressions Law.

6. A Myanmar manuscript of this Constitution shall be kept at the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution.

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

(a) Region or State government,

(b) a cooperative society, an organization 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.

8. 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.

9. (a) Any proceedings relating to contracts or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought against the Union Government.

(b) The Union of Myanmar may sue and may be sued by the name of the Union of Myanmar.

10. The Constitutional Tribunal shall consist of nine members including a chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each who meet the following qualifications from among Hluttaw members or non-Hluttaw members:

(a) person who has attained the age of 50 years;

(b) person who possesses qualifications set for a Pyithu Hluttaw, other than restriction on age,

(c) person who possesses qualifications set for the Union chief justice and a Union High Court judge, other than restriction on age,

(d) person who has political, administrative, economic and security outlooks.

(e) person who is loyal to the State and the people.

11. The list of three members each nominated by the President, the Pyithu Hluttaw Speaker and the Amyotha Hluttaw Speaker, and a member nominated for chairmanship of Constitutional Tribunal among the nine members shall be submitted to the Pyidaungsu Hluttaw for its approval.

12. The Pyidaungsu Hluttaw shall have no right to reject the persons nominated for members of the Constitutional Tribunal by the President unless it can prove the members disqualified.

13. The President may, in accord with the provisions of the State Constitution, have the right to nominate new members for the seats of Constitutional Tribunal that are still vacant due to failure to obtain agreement of the Pyidaungsu Hluttaw.

14. The President shall appoint the chairman and members of Constitutional Tribunal approved by the Pyidaungsu Hluttaw.

15. 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.

16. A member of the Constitutional Tribunal:

(a) shall be deemed to have resigned from the Hluttaw concerned on the date of being appointed if he is a member of any Hluttaw.

(b) shall be deemed to have resigned from civil service in accord with civil service rules and regulations on the date of being appointed if he is a government employee.

(c) shall have no right to participate in activities of the political party concerned during tenure of membership starting from the date of being appointed if he is a member of a political party.

17. A member of the Constitutional Tribunal may have the right to submit his resignation to the President if he wishes to resign before expiry of his tenure due to a reason.

18. The President may appoint a new member in accord with the provisions of this Constitution if there is a vacancy in membership in the Constitutional Tribunal for a certain reason.

19. (a) A member of the Constitutional Tribunal can be blamed or impeached under any of the following reasons:

(1) treason;

(2) violation of any of the provisions of the Constitution;

(3) misbehaviour;

(4) incapability of discharging duties prescribed in the State Constitution for a member of the Constitutional Tribunal;

(5) inefficient discharge of duties;

(b) If need arises to blame or impeach a member of the Constitutional Tribunal, it shall do so under the provisions prescribed in this Constitution set to blame or impeach the Union Chief Justice or a Union Supreme Court Judge.

20. The functions of the Constitutional Tribunal are as follows:

(a) to interpret provisions of the State Constitution,

(b) to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and Self- Administered Areas are in conformity with the State Constitution,

(c) to scrutinize functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution,

(d) to decide 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 and among Self-Administered Areas themselves to perform other duties prescribed in the State Constitution,

(e) to decide on disputes in connection with the rights and responsibilities of the Pyidaungsu and Regions; or States or Self-Administered Areas in implementing Union law by Regions, States or Self-Administered Areas,

(f) to scrutinize and decide on matters relating to Union territories informed by the President,

(g) tasks entrusted by laws prescribed by the Pyidaungsu Hluttaw,

21. If there is a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court, and the Constitutional Tribunal has not made any decision regarding the case, the court shall suspend its hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. The decision of the Constitutional Tribunal regarding the dispute shall apply all the cases.

22. The decision of the Constitutional Tribunal shall be final.

23. The following persons shall have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and stance:

(a) President;

(b) Speaker of the Pyidaungsu Hluttaw;

(c) Speaker of the Pyithu Hluttaw,

(d) Speaker of the Amyotha Hluttaw,

(e) Union Chief Justice;

(f) Chairman of Union Election Commission.

24. The following persons or bodies shall have the right to submit a case to the Constitutional Tribunal in accord with the procedures for its interpretation, decision and stance:

(a) Region of State Chief Minister;

(b) Speaker of the Region or State Hluttaw,

(c) Chairman of Leading Body of Self- Administered Areas.

(d) At least 10 percent of the members of the Pyithu Hluttaw or the Amyotha Hluttaw.

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.

Esteemed National Convention delegates,

Regarding the explanations, the National Unity Party from the Delegate Group of Political Parties comprising eight political parties said, “The Work Committee Chairman after studying in detail the constitutions of some world nations, the 1947 Constitution and the 1974 Constitution of Myanmar explained the detailed basic principles concerning the chapters ‘Amendment of the Constitution’, ‘State Flag, State Seal, National Anthem, and the Capital’, ‘Transitory Provisions’ and ‘General Provisions’ within the framework of the objectives of the National Convention and the fundamental principles adopted by the Constitution.

“Hence, the detailed basic principles are suitable to be adopted.”

The Union Pa-O National Organization said, “So, I suggest that the 26 points the Work Committee chairman explained be adopted as detailed basic principles.”

The Shan State Kokang Democratic Party said, “We have studied the paras from 1 to 26 and found no further suggestions concerning them. Hence, they should be adopted as detailed basic principles.

“As regards the para 6, we would like to give a suggestion. Myanmar is formed with Regions and States and self-administered areas where various national races are living. There are national races who are not skilled in Myanmar literature and language.

Moreover, some areas of the nation are far away from the place where the National Archives is located.

Hence, copies of the Constitution that are translated into the languages of various national races will surely be required.”

“So, we would like to make a suggestion that the government enact necessary law to keep the translated copies of the Constitution at the respective Regions, States and self-administered areas.”

The Mro or Khami National Solidarity Organization said, “We conducted a careful study on the Work Committee chairman’s clarification concerning—

- the designation of Myanmar language as the official language,

- interpretation of the expressions contained in this Constitution based only on Myanmar text when need arises,

- interpretation of the expressions stipulated in this Constitution,

- the statement that the manuscript shall be conclusive evidence of the provisions of this Constitution,

- the economic sector while the basic principles were adopted for designating policies of the State,

- the treaties or agreements signed between the government of the Union of Myanmar and the governments of other countries in the post independence period,

- any contracts or liabilities signed between the government of the Union of Myanmar and the governments of other countries before the State constitute comes into force,

- the establishment of the Constitutional Tribunal,

- the formation of the Constitutional Tribunal, appointment of members, designation of its members required qualifications, the term of the Constitutional Tribunal, assigning duties to the members, being loyal to the State, and functions of the Constitutional Tribunal”.

“Here, we noticed that he presented a collection of 26 points that should be adopted as detailed basic principles for the Chapter ‘General Provisions’. These points are found appropriate and so we would like to make no suggestions about them and support them.”

The Lahu National Development Party said, “The Work Committee Chairman explained the 26 detailed basic principles for the chapter on General Provisions at the plenary session of the National Convention held on 13 November 2006. In his explanations, he gave references to the 1947 Constitution and the 1974 Constitution of Myanmar, and constitutions of some world nations, for the benefit of the nation. Moreover, we find that his explanations are in conformity with the nation’s natural conditions, traditions and culture, customs, history and current political, economic and social conditions. In this regard, we would like to suggest that all the 26 detailed basic principles should be adopted.”

The Union Kayin League said, “The 26 points the Work Committee chairman explained regarding the term of the Constitutional Tribunal, appointment of a member to the Constitutional Tribunal, impeachment of a member of the Constitutional Tribunal, its functions, disputes as to whether a provision of a law is in conformity with the Constitution in a case being heard by a court, and designation of the status of the chairman and a member of the Constitutional Tribunal are complete. So, these 26 points should be adopted as detailed basic principles.”

The Kokang Democracy and Unity Party said, “The collection of the detailed basic principles for the Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”,

“Transitory Provisions” and “General Provisions” should be adopted, as presented by the Work Committee chairman.”

The Wa National Development Party said, “We Wa National Development Party suggest that the detailed basic principles for the Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”, “Transitory Provisions” and “General Provisions” to be included in the State constitution should be adopted.”

The Delegate Group of Representatives-Elect said, “Of the four proposals, the political parties from the Delegate Group of Political Parties have evaluated the presentations of the representatives of the National Unity Party and Mro or Khami National Solidarity Organization. And the discussions of respective representatives are the same as they have done.

Independent Representatives-Elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) from that delegate group said, “Therefore, the points from No 1 to No 26 the Work Committee chairman explained at the NC plenary session held on 13 November 2006 should be adopted.

“I would also like to make a suggestion about a constitutional index. An index should be stated in the booklet of the State constitution in order that when need arises to refer sub-paras, paras and pages, the facts can be looked up in the booklet in a short time.

The constitutions of some countries feature an index, but those of most countries do not feature an index. The former countries state an index in the end of the booklet of the State constitution. So, I would like to suggest

that after the booklet of the State constitution is in circulation, it should feature a constitution index.

“I have learnt that in order to achieve success in working in a systematic and smooth way, there need some methods such as implementation of tasks in accordance with policy guidelines,

– reviewing the weak points in doing so,

– assessing the reviews,

– evaluating the assessments,

– laying down better policy guidelines based on the findings. This aphorism is reasonable and useful at any times. In pursuing policy guidelines, it is required to regularly find out weak points and strong points. It is also needed

to assess the reviews to know as to whether achievement is made or not. Only then, will it be possible to know whether the assessments are effective. And it is required to constantly review the weak points and causes and effects of the remedies to lay down better plans and new guidelines. Now, most nations are practising such methods. So, in building a modern and developed nation in accordance with the upcoming State constitution, emphasis should be placed on reviewing, assessing the reviews, remedying and evaluating.”

Six 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) in their discussions said that what the Work Committee chairman had clarified for the Chapter “General Provisions” to be included in the State constitution were complete and reasonable. “So, the 26 points should be adopted as detailed basic principles,” said the six independent representatives-elect.

The Delegate Group of National Races said, “Our group support the 26 detailed basic principles the Work Committee chairman presented for the Chapter “General Provisions” and has no suggestions about them.”

The Delegate Group of Peasants said, “The 26 detailed basic principles for the Chapter “General Provisions” the Work Committee chairman has explained should be adopted.”

The Delegate Group of Workers said, “The 26 points the Work Committee chairman has presented for the Chapter “General Provisions” should be adopted as detailed basic principles.”

The Delegate Group of Intellectuals and Intelligentsia said, “We are in support of adopting the 26 detailed basic principles for the Chapter “General

Provisions as explained by the Work Committee chairman”.

The Delegate Group of State Service Personnel said, “The clarification made by the Work Committee Chairman at the plenary session of the National Convention held from 10 to 13 November concerning the facts of the chapter “General Provisions” are realistic, suitable and comprehensive. We have no separate suggestions concerning the chapter. We are in support of adopting the 26 detailed basic principles of the chapter as explained by the Work Committee Chairman.”

The Delegate Group of Other Invited Persons said, “The 26 points the Work Committee chairman has explained for the Chapter “General Provisions” to be included in the State constitution should be mentioned in the forthcoming State constitution. So, they should be adopted as detailed basic principles.”

Esteemed National Convention delegates,

Now, we have read out the findings of the panel of alternate chairmen of the NC plenary sessions on the proposal papers submitted by the representatives of the delegate groups, political parties from the delegate group of political parties and some NC delegates for the Chapters “Election, “Political Parties”, “Provisions on State of Emergency”, “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”, “Transitory Provisions” and “General Provisions” to be included in the State constitution regarding the clarification of the Work Committee chairman.

In conclusion, I would say, in view of these proposal papers, the delegate groups and many delegates have expressed their support for the explanations of the Work Committee chairman. And some delegates not only support the explanations but also make some separate suggestions.