BURMA PRESS SUMMARY
From the Rangoon "The New Light of Myanmar"
Compiled for the Burma Studies Group by Hugh C. MacDougall
Published by the Center for East Asian and Pacific Studies, University of
Illinois
Volume VII, No. 6, June 1993
NATIONAL CONVENTION
Preparations for Reopening
Lt-Gen. Myo Nyunt's Opening Speech
U Aung Toe's Clarification
Convention Proceedings
NATIONAL CONVENTION
Preparations
for Reopening
May 31: Meetings were held by the Transport
Sub-Committee and the Work Committee of the National Convention. (NLM 6/1)
June 4: Delegates began to arrive for the
renewed National Convention session. The Myanmar Embassy in
June 5: More delegates arrived. (NLM 6/ 6)
June 6: More delegates arrived. Preparations
for the renewed Convention were inspected by Convening Commission Chairman
Lt-Gen. Myo Nyunt. Entertainment was provided for delegates at Saya San Hall at the Kyaikkasan
Grounds in
June 7: Note was taken that delegate U Maung Ngwe of the Union Pa-Oh National Organization died on Apr.
25. (NLM 6/7)
Lt-Gen. Myo Nyunt's Opening Speech
June 7: The National Convention resumed its
sessions at the Central Meeting Hall of the President's Residence on
Esteemed delegates,
I am very happy and greatly gratified to meet
the esteemed delegates on you return from the various regions of the country,
congregating for the continuation of the National Convention. I pray that all
the esteemed delegates would be able to continue to carry out the respective
responsibilities in soundness of physical well-being and mental freshness.
Esteemed delegates,
The esteemed delegates have before you the
task of compiling proposal papers concerning the 15 chapter headings which have
been procured. Of these, the first chapter heading is "Fundamental
Principles of the State." Discussions are to be carried out, coordinations made and the papers compiled.
Comprehensive Discussions
Comprehensive discussions covering all pre-requisities regarding this chapter heading are to be
systematically conducted. If one is asked on what matters and what aspects are
to be used as bases in compiling the fundamental principles of the State, it is
to be said that it will have to be based on the remaining 14 chapter headings
and the most basic principles which are to be involved in these respective
chapter headings. The discussions will have to be carried out on the basis of
this and the proposals are also to be made on these bases. In truth, the
discussions which are to be conducted by the esteemed delegates, as one may see
from the term of the chapter heading is of the most
important fundamental nature. If this matter can be comprehensively and precisely
covered in the discussions, all the future matters to be dealt with in the
remaining chapters will also be covered smoothly and without any difficulty. In
this light, comprehensive and meticulous discussions for chapter heading No 1,
as I have said, entail discussions of the principles involved in chapter
headings No 2 to No 15. This being so, the discussions which are to be
conducted by the esteemed delegates are naturally of the utmost importance. Now
that the time has arrived for discussions of the paramount chapter, the
esteemed delegates will have to be extraordinarily dedicated to the matter at
hand, more broad-minded than ever before, and be more mutually tolerant and
understanding among various groups as well as individuals and with such studious
dedication it is now time for all to submit the best of ideas and proposals in
their discussions.
Ample experience
Esteemed delegates,
We have had ample experience of our national
history in order to be able to realize the matters which ought to be considered
in the discussions to be conducted regarding the fundamental principles of the
State. With the objective of bringing about a genuine multiparty democracy
system, we can have a brief review of historical developments which have taken
place. From 1920, the era of GCBA right up to 1948, the time of independence,
is 28 years; from 1948 to 1962 when the Revolutionary Council emerged, the era
of the Pha Hsa Pa La
(AFPFL), the span of time is 14 years; the total of 42 years which can be
procured for these two eras represent the multiparty period. Now from 1988 to
1993, a matter of over four years to five years represents a period in which
multiparty democracy is once more being brought into being. In fact, just as
there are shortcomings and defects in a one-party system, so also there have
been shortcomings and defects in the multiparty system. It is only natural that
there should exist a certain amount of anxiety in
attempting to return to a multiparty system which has previously shown to have
possessed certain defects and shortcomings.
Hence, in the present period there is an
urgent necessity for us to seriously consider and evaluate so as to be able to
lay down sound fundamental principles for the emergence of a genuine multiparty
democracy system. It is necessary to pay priority to national politics in
relation to party politics. It is equally important to exercise the greatest
possible vigilance so that there will be no abuse or misuse of democratic
rights and freedoms. We have but recently been confronted with a heap of bitter
experiences in which anarchy has followed closely in the wake of excessive
democracy.
Right preconditions
Esteemed delegates,
Once of the six objectives of the National Convention
is that of bringing about the right preconditions for the burgeoning of the
noblest and worthiest of worldly values such as justice, liberty and equality.
Justice, liberty and equality which are the noblest and worthiest of worldly
values constitute the basic characteristics of democracy. If these three values
are lacking, it is extremely difficult for democracy to emerge and to develop.
In the matter of justice, there is social
justice, economic justics and political justice.
The second point, that of liberty, includes
freedom of thought, freedom of expression, freedom of belief, freedom of
worship, freedom to seek a livelihood and freedom of organization.
The third, that is of
equality, includes the equality of status, equality in opportunity and
equality before the law. The burgeoning of these noblest and worthiest of
worldly values will not come about of their own accord. The right preconditions
must be created to bring this about. The lotus flower does not bloom in the
lake which is contaminated and dirty. It can only bloom where the water is
clean and fresh. That is why the noblest and worthiest of worldly values will
emerge within our society only when there are a lot of people who are
disciplined in their ways, a lot of people who are aware of their responsibilitiesand a lot of people who love their own land
and their own people. This being so, we must forever exercise vigilance and
prevent emergence of anarchy, prevent the rise of unscrupulous opportunists
because such beings and such conditions are totally contrary to the noblest and
worthiest worldly values. Hence, we must try our very best to bring about an
increase in the number of people who are disciplined in their ways, those who
are aware of their responsibilities and those who are patriotic. We must
constantly keep in our mind that just as we will have to provide all the rights
and freedoms for the people we must at the same time contrain
those who aim to disrupt the livelihood and freedoms of the people by passing
rules and regulations inherent in the fundamental principles to be laid down.
Strong and durable
Esteemed delegates,
I am sure that all the esteemed delegates
have noticed that the objective "non-disintegration of the
The future Myanmar Naing-Ngan towards which
we are driving is to be a nation where the noblest and wortheist
values such as that of justice, liberty and equality may be experienced in full
measure. The responsibility of removing all unscrupulous elements which would
attempt to bring about the disintegration of the nation lies not only with the
Tatmadaw but with all the people who love their nation at a time when the
worthiest of values are being placed in the fore as the fundamental principles
and national policy of the noblest time is being followed.
Equitable opportunities
It will also be necessary to consider and
make provisions so that certain national groups would be given their equitable
opportunities such as that of self-administration. What is more, all those who
are able to think and consider will realize that the concept of equality would
not be fully realized if legislative, administrative and judicial powers are
given access to those in the states while such powers are denied to those in
the divisions.
To make the point clear, suppose the people
of
Changing names
At this juncture, I wish to take the
opportunity to suggest that there is a need to consider the possibility of
changing the name of the States and Divisions so that it would be more natural
and appropriate and also more harmonious from the point of view of fraternity
and unity among the nationalities. There is a certain narrowness of views
attached to the way in which the States have been named according to the names
of the specific national races. The fact is that in any of these regions, there
reside a large number of different national groups within a large region and
hence giving any particular region or calling any particular region by the name
of any specific national race, it may amount to a negligence of other races which
may be residing within the same region. Those races whose names have not become
part of the name of the State would naturally feel offended. As all have known,
there are in most of the Unions the world over, practically no cases in which
the States or the regions have been named after specific racial groups or
nationalities. Within the contemporary context, there are numerous cases in
which conflicts continue unabated as a result of the fact that certain regions
have been given the names of specific nationalities or national groups.
Head of State
Esteemed delegates,
I wish to make a few comments regarding
considerations which should be carried out in connection with the matter of the
Head of State.
According to the 45 years of experience since
our Myanmar Naing-Ngan became independent, the post of President as the Head of
State has been nothing more than a ceremonial post. The administrative
authority or executive authority of the President is practically negligible.
The only prominent authority which is vested with the President is that of
granting pardon. During the multiparty era, the real holder of power and
authority was the Prime Minister. Even though the Prime Minister was supposed
to have genuine power he was responsible to the Hluttaw which was able at any
time to move a no-confidence motion against the Prime Minister. And what is
more, if the Government is a coalition government which has to depend upon the
support of some other party, the Prime Minister was even more constraint [sic]
in his ability to carry out work for the benfit of
the nations; these have been clearly shown in the international events. Hence,
the national leader who will lead the future Myanmar Naing-Ngan should be one
who has had vast experience in politics, administrative, economic and defence
matters and who should be able to carry out his responsibilities for the
development of the country without any constraint whatsoever. I believe that
there should be a desire for the national leader of the future Myanmar
Naing-Ngan to be vested with the kind of the powers and authority as possessed
by the leaders of those big countries which are today enjoying high momentum in
economic and political development.
Hence, I would like to stress that the time
has come to seriously consider whether or not it is time for a fully empowered
presidential administrative system to be brought into being. And when we arrive
at a particular chapter heading we will also have to consider how such a fully
empowered President ought to be elected.
Participation of the Tatmadaw
Esteemed delegates,
It will also be necessary in discussing the
fundamental principles to discuss matters in connection with the sixth
objective of the National Convention that being "For the Tatmadaw to be
able to participate in the national poltiical
leadership role of the future State". It will be necessary to lay down
principles as to how many representatives of the Tatmadaw are to be included in
the legislative sector which is that of the political leadership role of the
future State, and also in the administrative sector, how many representatives
of the Tatmadaw are to be included in the different levels ranging from the
central to the districts and in what role they are to carry out their
responsibilities.
Besides this, there will also be a need to
lay down the fundamental principles so that the Tatmadaw's
military capabilities will reach the point when it can successfully defeat all
threats of internal terrorism and disturbances which can give trouble to the
country at any time, to defend and protect the country against aggression, to
strengthen the cohesiveness of the Tatmadaw, and to enable the Tatmadaw to be
able to uphold the worthiest and noblest of traditions and in order to achieve
all this we should consider what kind of rights should be vested with the
Tatmadaw.
Emergency provisions
Esteemed delegates,
In the discussion to arrive at the fundamental
principles there will also be a need to discuss the Chapter Heading
"Emergency Provisions". Regarding this matter, I wish to quote an
excerpt from a speech delivered by National Leader Bogyoke
Aung San on
"There are bound to be certain differences of opinion among ourselves, however, when some other
countries come to commit aggression against our country risking our lives to
defend our nation is a matter which concerns all of us [sic]. In such a
case, it does not matter whether the Commander-in-Chief is a Kayin, or a Kachin, or a Chin no
matter what he is all of us must work together according to one order and in
one concerted action."
This was unequivocally stated by Bogyoke Aung San. And it is the same in the contemporary
context the Commander-in-Chief of the Tatmadaw must be vested with clear-cut
authorities and powers so that he would be able to deal effectively with
emergencies. It is of course important to see that the emergencies are not
given a chance to arise. However, when emergencies do occur it is imperative
that the person who is able to overcome such emergencies be given the powers of
doing it.
Best of ideas
Esteemed delegates,
Discussions to be carried out now at the
continuation of the National Convention are of utmost importance for the
well-being of the nation. Hence, I reiterate what I already said in the first
part by calling for the esteemed delegates to do the best of the abilities
[sic] and deepest of considerations so that the best of ideas, the most
suitable concepts and most harmonious according to the conditions of the nation
and also best in the sense that they would be practically applicable may be
brought out in the interest of the country.
As everybody here realizes, there are today
some countries which are being confronted with a lot of problems and
difficulties in connection with the constitution. As we are a member of the
family of the nations we are in sympathies with such nations. Since we are also
conducting the National Convention leading towards procuring the fundamental
principles for framing a constitution, we must also critically appraise the
happenings in those countries and draw appropriate lessons from their
experiences. Under the circumstances, we must with utter seriousness consider,
co-ordinate and discuss how legislative power, administrative power and
judicial power are to be separated. We should also consider how they are to be
kept in proper balance, how the central and the major regions are to share
power.
Oldest treatise
Esteemed delegates,
Efforts have been made in our country to
administer according to law in the different eras and different epochs. The
earliest known record may be found 115 years ago on the 7th Waxing Moon of Nadaw, 1240 ME, when Yaw Mingyi U
Po Hlaing compiled Raja Dhamma
Sangaha Treatise. If that treatise is to be
critically appraised, we may find it is a constitutional treatise which was far
ahead of its age. It was a treatise which was compiled with democratic ideas so
that King Thibaw may be turned into a constitutional
monarch. At one point in the treatise, one may find references to European
experiences in the legislative system. The statement which may be found in the
treatise that there were two legislative bodies: one representative of the
people and one representative of the nobles and those employed by the monarch reflects an attempt to translate into
sannipata -- meeting together in close harmony
samagga -- working together in unity and solidarity
pannatta -- administration after enacting laws.
These three elements are clearly revealed in
the treatise. I conclude by further urging the esteemed delegates to keep in
mind these three elements as stated in the "Aparihaniya
Dhamma" and thereby according to sannipata, meet together in close harmony, and
energetically and according to samagga, work together
in unity and solidarity and in concert wish full co-operation with each other.
(NLM 6/7)
U Aung Toe's Clarification
June 6: Following the opening address to the
resumed National Convention by Lt-Gen. Myo Nyunt, a "clarification
address" was given by Convening Work Committee Chairman U Aung Toe [full
text, except for quotations from a January speech]:
Respected Chairman and esteemed delegates,
May I greet you wishing "May you all
enjoy a surfeit of auspicious benefactions!"
As all the esteemed delegates have known,
co-ordinations on chapter headings have been conducted so as to be able to lay
down fundamental principles for framing the State Constitution. Having done
this, the Plenary Session is to begin discussions on the chapter heading
"Fundamental Principles of the State". I would like to emphatically
urge you, all the National Convention delegates of political parties and of
various categories of delegate groups to conduct necessary observations and
studies so as to be able to discuss the matters of your choice with proper
reasons. I gave clarifications at the Plenary Session of the National
Convention on
Respected Chairman,
I would like to present some excerpts from
the opening address of the National Convention Convening Commission Chairman
Lt-Gen Myo Nyunt at the Plenary Session of the National Convention on
Respected Chairman,
The points contained in the address by the
National Convention Convening Commission Chairman Lt-Gen Myo Nyunt on the
opening day of the National Convention and the address delivered today
constitute the most important points for consideration in formulating
fundamental principles to be followed in framing the Constitution.
The fundamental principles to be enshrined in
the Constitution are those which the State as well as the people are to adhere to, interminably; and in addition, those
principles would be instrumental in promoting the long-term welfare of the
State and the people. As such, they are as important as life itself.
Long-term welfare
I presume and hope that all the esteemed
delegates to the National Convention have already deeply considered the
fundamental principles which should be laid down keeping in mind the long-term
welfare of the State and of the people. At this point, I wish to clarify and
explain a few points which the Work Committee has researched and studied so
that the esteemed delegates would be able to deal with the matter as
comprehensively as possible according to the well-known saying "to pour
molasses or treacle on what is already sweet".
Respected Chairman,
In considering the fundamental principles of
the State, it will be necessary to take a long-term view in the discussions so
that principles would be in close harmony with the natural environmental
conditions of the Myanmar Naing-Ngan, the historical experiences which have
been encountered, the current trend in politics, economics, social matters,
culture and traditions within the country, demographically heterogeneous nature
of the nationalities residing within the country, the natural resources and
other similarly relevant matters; and thereby bring about the emergence of an
enduring Constitution capable of ensuring in the future Sate greater peace, tranquillity and prosperity as well as political stability.
The six objectives as stipulated by the State Law and Order Restoration Council
Order No 13/92 are to be used as basis in laying down the fundamental
principles because they are relevant for bringing about the realization of the
most basic interests of the Myanmar Naing-Ngan.
Six objectives
As the esteemed delegates already know, the
six objectives are:
-- Non-disintegration of the
-- Non-disintegration of National Solidarity;
-- Perpetuation of Sovereignty;
-- For a genuine multiparty democracy system
to flourish;
-- For the further burgeoning of the noblest
and worthiest values such as justice, liberty and equality; and
-- For the Tatmadaw to be able to participate
in the national political leadership role of the future State.
Regarding the first objective that of
"Non-disintegration of the
-- The Myanmar Naing-Ngan has been a unified
nation for many aeons with all the varied nationalities
living in places of their own choice in all parts of the country in a
heterogeneous population.
-- In such a demographically heterogeneous
population there are cases in some regions in which one particular nationality
or national race residing there would be a majority.
-- The cultural traditions and customs of the
various nationalities have many similar characteristics and also there are
contrasts as it is to be naturally expected.
-- Regarding the matter of territorial
divisions, the Myanmar Naing-Ngan according to the 1947 Constitution was made
up of four States and nine Divisions including Chin Special Division.
-- According to the 1974 Constitution, the
territories were organized into seven States and seven Divisions. Now, with the
rising awareness of the various nationalities and racial groups, it will be
necessary for the fundamental principles to be laid down for the drawing of the
new Constitution to be in close harmony with the new awareness which is
prevalent. Hence, we have now reached a stage in which we should seriously
consider territorial designation of the country with a total of 14 States and
Divisions of equal status constituting the major regions; within these major
regions there may perhaps be certain "Self-Administered Areas". In deliberating
upon these matters the points made by the Commission Chairman in his address
should be used as bases to create the right preconditions for stronger unity
and solidarity among the nationalities. At the same time, it would also be most
opportune to consider whether or not the names of the 14 major regions should
revert back to their traditional names of Kanbawza, Kantarawady, Dhannyawady, Ramanya, Oktha, Dagon, Yadanabon, etc. which are all historic names.
-- The Myanmar Naing-Ngan as such came into
being because the nationalities of the country have been living together from
the beginning of history in friendship, harmony and unity through weal and woe.
The future longterm welfare of all the nationalities
will be assured only if this Naing-Ngan-daw (nation)
upon which all these nationalities rely and depend upon is to exist in
perpetuity. For this reason, fundamental principles which can ensure them that
all the nationalities live together in continued cordiality, friendship, unity
and solidarity and thereby ensure the continued perpetuity of the entire Union
must be laid down after due deliberations.
Non-secession
In laying down these principles, "None
of the territories of Myanmar Naing-Ngan shall ever secede" must
necessarily be a commitment of the most basic nature.
Respected Chairman,
I shall further clarify the second objective
that of "Non-disintegration of national solidarity". In order to be
able to avoid the disintegraion of national
solidarity, it is emphatically essential to bring about conditions in which all
the nationalities will be equal before the law, and to promote with increasing
momentum in all the different administrative levels of all the nationality
regions the noblest and worthiest values of justice, liberty and equality. And
in the endeavours to bring this about, serious consideration should be given to
the matter of power sharing between the central and the regional authorities in
the three branches of State power, that is
legislative, administrative and judicial powers.
National solidarity is bound to suffer if the
fundamental principles which have been stated cannot be put to practice. If
national solidarity suffers in such a way the numerous bitter experiences which
the country has had to go through in the past, such as the putting in the fore
of narrow racist attitudes, misuse and abuse of political power, the giving of
priority for the interest of one party or one group etc., etc. and such
shortcomings and defects will once more become pervasive and with it national
solidarity and unity will begin to be destabilized and eventually conditions
may lead to the worst of conditions in which the country may be broken asunder.
But if, on the other hand, the fundamental principles as have been presented to
you are used to good effect, it will fulfil the
desire of the nationalities for self-administration and will more effectively
give impetus to the matter of national solidarity.
Narrow down gap
In order to be able to drive towards the
objective of national unity and solidarity in building up a nation, it is
essential to endeavour to narrow the gap which may
exist between the regions into which the territory of the nation has been
divided. Indeed, the State itself must, with serious intent, attempt to bring
about development among those nationalities who are
lacking in development. That is why this particular point has been submitted as
an essential point or a fundamental principle in attempting to strengthen unity
and solidarity among the nationalities.
Respected Chairman,
Now I wish to continue with a clarification
of the third objective, that is the perpetuation of sovereignty. There are many
factors involved in this matter. This is according to the experiences of our
own country as well as the experiences of other countries. The loss of
sovereignty need not have to be accompanied by the loss of national
independence. If a nation is no longer able to act independently of its own
desire and volition in political matters, economic matters, military matters,
social matters, in the matters of foreign affairs and in cultural matters and
matters of customs and traditions then it is as good as the loss of its
sovereignty. And also if a nation is no longer able to stand on its own but to
depend on some others then it is as good as the loss of its sovereignty. What
is more if a nation in exercising its political system has to follow the
directives and orders from abroad then this too may be referred to as having
lost sovereignty. Hence, the matter of the perpetuation of sovereignty is
something which ought to be exhaustively and widely discussed in utter
seriousness in laying down the fundamental principles.
Respected Chairman
The fourth objective, that
of creating the right precondition for the emergence of a genuine multiparty
democracy system will now be clarified. Among other things, fundamental
principles must also be laid down so that political parties may be
systematically set up and established. While this is being done on one hand,
there should be on the other hand endeavours made so that the three powers of
the State vested with the people may be separately exercised. In so doing
proper arrangements should also be set down so that the bodies vested with the
powers to exercise these respective powers of the State may be able to exercise
their powers separately. Experiences within our own country and the experiences
of other countries have shown that the people would not be able to enjoy their
democratic rights if all the three powers of the State are exercised by only
one body or one organization. For example, negative repercussions and evil
results such as misuse and abuse of power and exercise of bias for the welfare
of the individual groups of organizations may come about if such separation of
powers is not brought into being. For instance, if the body or organization
vested with legislative power is able to exercise executive power or judicial
power or both or else if it is able to interfere in the exercise of the two
latter powers or else if it is able to exercise pervasive influence in the
giving of responsibilities for the exercise of such powers, then the evil and
undesirable results are like to emerge. Under such circumstances, a system of
one-party dictatorship may emerge. In order to avoid such a turn of events
there must be a separation of three arms of State power that of legislative
power, executive power and judicial power and every endeavour
should be made so that they would be separately and independently exercised.
Such a separation of power is indeed in need.
Powers of State
It is only when these three powers of the
State are separately and independently exercised would there be a balance. In
the endeavours to achieve such a separation of powers the exercise of
legislative power or the legislative assembly so to speak and what should be
its structure should be discussed. For instance, the question as to whether or
not it should have at the centre the Hluttaw made up of the representatives of
the people coupled with another Hluttaw which will represent the fourteen major
regions of equal status that is the States and Divisions. In
other words, whether or not a bicameral Hluttaw ought to be constituted.
Considerations should also be given as to whether or not there should be one
legislative Hluttaw in each of the 14 major regions so mentioned.
The concrete realization of the objective
"for the Tatmadaw to be able to participate in the national political
leadership role of the future State" may be realized if Hluttaw
representatives of the Tatmadaw whose names have been nominated by the Defence
Services Commander-in-Chief are included as members of these legislative
Hluttaws. This being so, the required fundamental principles for this matter
must also be laid down.
Respected Chairman,
I shall now clarify matters regarding the
exercise of executive power. There are generally two ways of exercising
executive power among the countries of the world. One way of which is the Prime
Minister is the Chief Executive and another way is the system in which the
President is the Chief Executive. In the system in which the Prime Minister is
the Chief Executive, the Prime Minister is elected by the Hluttaw and he may be
deposed at any time through a no-confidence motion moved by the Hluttaw. In practising this system, there are cases in which a government
has to be formed with a very slim majority and there are also cases in which a
coalition government has to be formed because no single party has sufficient
number of votes to be able to form a government on its own. Under such
circumstances, the Prime Minister who heads such a kind of government has to be
under constant anxiety because the Hluttaw representatives who have been
supporting him and thereby keeping him in power may at any time move a
no-confidence motion and depose him. The outcome of it is such a Prime Minister
has to be constantly endeavouring to appease the
Hluttaw representatives and it may be seen that because of this
such a Prime Minister is unable to be effective in promoting the
interest of the State and the people. The result, naturally, is a lack of
decisive leadership. And consequently or subsequently, because of such
weaknesses, whole-hearted endeavours cannot be made for the fuller development
of the nation. These too may be seen. At one time, our country employed a
system in which the Prime Minister was the Chief Executive. Everyone here
realizes that at that time, according to experience, the Prime Minister was
apparently unable to prevent and take measures to avoid the possible loss of
sovereignty which was confronting the nation, and he was unable to arrest the
impending dissolution of national solidarity and eventually the impending
threat of total national disintegration. In order to avoid such defects,
shortcoming and weaknesses, there is a necessity now to deeply consider whether
or not a system in which the President is the Chief Executive, elected through
an electoral college should be brought into being. In this system in which the
President is the Chief Executive, the President is not under constant threat of
a no-confidence vote as in the case of the Prime Minister and so the President
is able to continue to dedicate himself towards working for the interest of the
State and the people without any fear or anxiety.
Chief Executive
Hence, serious considerations should be given
as to whether or not there should be a change to the system in which the
President is the Chief Executive; it is a system which most assuredly be able [sic] to bring about improvements in the interest of
the State and the people.
Respected Chairman,
In changing over to a system in which a
President is a Chief Executive, it is particularly important that in order to
be able to dedicate himself effectively towards the development of the nation,
the President must necessarily possess qualities and capabilities which would
enable him to efficiently, effectively and decisively carry out
responsibilities in the affairs of the State such as political affairs,
administrative affairs, economic and military affairs. In addition to
possessing such qualities and capabilities, the President must of necessity be
a national as well as a citizen who is loyal towards the State and towards the
people.
It is only when there is a President of such
qualities and abilities acting as the Chief Executive that it would be possible
to uphold "Our Three Main National Causes" being non-disintegration
of the Union; non-disintegration of national solidarity and perpetuation of
sovereignty, and furthermore, be able to work effectively for the development
and prosperity of the State.
In applying the system in which the President
is the Chief Executive of the State, there will also be means in which the
executive power will be delegated and shared in an appropriate manner by the
major regions, self-administered areas etc. and different administrative areas
in matters of administration, social affairs, assessment and collection of
revenues, commerce and trade. It will be necessary to consider what kind of
fundamental principles should be laid down in the light of experiences gained
in the Myanmar Naing-Ngan about how those powers are to be distributed and
exercised in an appropriate way.
If such fundamental principles are to be
formulated and laid down and implemented, they will be supportive in the
attainment of the fourth objective which is to bring about the flourishing of a
genuine multiparty democracy system.
Respected Chairman,
I wish to continue my clarification regarding
the fifth objective which is "For the further burgeoning of the noblest
and worthiest of worldly values such as justice, liberty and equality".
There are numerous basic characteristics in the practise
of democracy which can bring into being and further developing the noblest and
worthiest of worldly values such as that of justice, liberty and equality.
Among all these characteristics, all of us have accepted in utter seriousness
that the point that all must be equal before the law and that all actions will
be taken only according to law. The fact that the rule of law is an essential
prerequisite in the establishment of a democratic country is something which
cannot ever be forgotten.
Hence, in order to bring about the burgeoning
of the noblest and worthiest of worldly values, consideration should be made as
to whether or not the following points should be prescribed as fundamental
principles in judicial matters.
-- to administer
justice independently, in accordance with law,
-- to adjudicate in
open court unless otherwise prohibitied by law,
-- to guarantee the
right of defence and the right of appeal.
Judiciary
With regard to the exercise of judicial
power, consideration should be given as to whether or not fundamental
principles should be laid down for the establishment of courts with the Supreme
Court at the centre, with one High Court in each of the major regions, and
courts in the self-administered areas, districts and townships.
In addition there will also be a need to lay
down fundamental principles to ensure that no criminal law
have retrospective effect and to ensure that no punishment likely to
humiliate human dignity is ever included in laws which are promulgated.
Sixth objective
Respected Chairman,
I shall further clarify the sixth objective
"For the Tatmadaw to be able to participate in the national political
leadership role of the future State". The Tatmadaw constitutes a powerful
national force which while protecting and defending "Our Three Main
National Causes" will help bring about the establishment of the genuine
multiparty democracy system which the people desire. Besides its original
duties of defence and security, it is necessary that the Tatmadaw be given the
means to assist and participate appropriately in matters of legislative and
executive responsibilities if the Tatmadaw is to be able to participate in the
national political leadership role effectively and rightfully, and thereby be
in a position to work for the welfare of the nation. Hence, it would also be
essential to lay down fundamental principles to enable the Tatmadaw to
participate and assist meaningfully in the legislative and administrative
matters.
After the reorganization of the Myanma Tatmadaw in 1946-47, bitter experiences were
encountered due to connections with party politics and also because political
influences were able to infiltrate the Tatmadaw. At such times, the Tatmadaw
very nearly disintegrated. It was the time when the disintegration of the
Tatmadaw would have meant the loss of sovereignty. Such were the conditions. We
should therefore draw lessons from these events of history. In order to avoid
and prevent political constraints and controls and influences from becoming
pervasively influential over the armed forces including the Tatmadaw, a
fundamental principle should be laid down that the Defence Services
Commander-in-Chief is the Supreme Commander of all the armed organization.
A strong and modern single Tatmadaw must
necessarily be established if the State security and defence is to be strong
and firm. In so doing, the Tatmadaw should be empowered to organize
nation-wide, so that the entire people of the country would be able to
participate in the defence of the motherland. In addition to this, the Tatmadaw
should have the right to independently and freely carry out its own affairs,
which would include, among other things, operational matters, matters
concerning the deployment of the units, matters concerning border security,
administrative affairs, matters concerning military courts, organizational
affairs, promotional affairs, training affairs, matters concerning armaments,
matters concerning military accounts and others concerning the Tatmadaw. Hence,
it is essential that the fundamental principles regarding Tatmadaw affairs be
also laid down.
Our Three Main National Causes
Inevitably laying down as the most basic of
principles "Our Three Main National Causes" namely, non-disintegration
of the Union, non-disintegration of national solidarity and perpetuation of
sovereignty, the Tatmadaw as the paramount force of national politics should be
designated as the upholder and defender of "Our Three Main National Causes";
and a fundamental principle to this effect should also be prescribed.
It could also be appropriate to formulate
fundamental principles regarding regional emergency provisions so that the
Tatmadaw would be able to effectively prevent [sic] and defend lives and properties
of the people in certain regions where threats and emergencies arise.
It would also be appropriate to lay down a
fundamental principle which would enable the Tatmadaw Commander-in-Chief to
procure and utilize State power according to the provisions of the Constitution
in times of national emergencies in which "Our Three Main National
Causes" are being endangered as a result of actions or attempts being made
to seize the State power through armed terrorist insurgency or other violent
means.
Respected Chairman,
I have now clarified relevant points
regarding the fundamental principles which are to serve as bases for the
framing of the Constitution in accord with the six objectives. Now I will
continue to deal with points regarding economic, social and foreign affairs
which would also be included in the fundamental principles of the State.
Economic development
It would be necessary to lay down fundamental
principles to expedite the emergence of an economic system which will harmonize
with the national objectives. It will be appropriate to lay down fundamental
principles that the State is the ultimate owner of all the lands as well as of
all natural resources above and below the ground, above and below the waters
and in the atmosphere.
In striving to bring about the economic
development of the country the State sector, the sector concerning the regional
organizations, the co-operative sector, the joint-venture sector and the
private entrepreneurial sector constitute the main elements of the economic
force of the country. Consideration should be made as to whether or not
fundamental principles ought to be laid down to enable these various sectors to
make use of or exploit such State-owned natural resources under the supervision
and control of the State for the benefit of the people.
Among the numerous points to be considered in
laying down economic policies such matters as raising the standard of living of
the people, bringing about increases in production to develop domestic
investment, distribution of goods and investments as well as to ensure
stability of prices are among those which should be deeply considered as to
whether or not fundamental principles should be laid down. By the same token,
considerations should also be made as to whether or not fundamental principles
should be laid down for the formation of a national economic system in which
all economic forces can participate in matters such as increasing general
all-round production, boosting export of finished goods and trade and commerce.
Raising standard of living
Respected Chairman,
Considerations should also be made as to
whether or not fundamental principles should be laid down regarding raising the
standard of living of the people, education, improvements in health and for
those who are capable or worthy to be given the chance to work at appropriate
jobs.
Regarding education, considerations should
also be made as to whether or not fundamental principles ought to be laid down
for the establishment of a more effective education system which would be
supportive of national development in addition to being sound from all possible
angles while inculcating good character.
Considerations should also be made as to
whether or not fundamental principles ought to be laid down in matters
regarding the involvement of the national people to assist in the State's endeavour for upbringing the people's general and
vocational education and for raising the quality of public education. In such
considerations, short-term and long-term benefit of the State ought to be
weighed.
The peasantry and workers play a crucial and
dominant role in the economic development of the nation. This being the case,
it would be necessary to lay down fundamental principles assuring that the
rights of the peasantry and workers are appropriately protected. Considerations
should also be given as to whether or not fundamental principles should be laid
down regarding guaranteed prices for their produce as befitting those who are
members of the agricultural sector which is the principal national economic
force. In the case of workers, considerations should be given as to whether or
not fundamental principles should be laid down regarding appropriate
remunerations for the labour, the existence of good
working conditions and suitable social security.
Fundamental principles should also be laid
down regarding agricultural and industrial sectors so that the State would be
able to provide as much as possible the requirements such as technology and
know-how, investment, machinery and equipment and raw materials.
It would be appropriate for fundamental
principles to be laid down so that the State would be able to take the most
appropriate measures possible regarding matters concerning public servants such
as that of being free from party politics, service security, procurement
of satisfactory livelihood and also to assure the welfare of retired personnel.
Five kinds of strength
Concerning youth, fundamental principles
should be considered for sharpening of the patriotic spirit, correct mental
development, and development of the five kinds of strength.
It will also be necessary to lay down
fundamental principles so that women will be able to enjoy equal rights and
opportunities as men in employment, and furthermore if they happen to be
housewives so that they may also enjoy maternity rights and privileges.
Freedoms
Fundamental principles will also be necessary
to guarantee freedom of worship in religious matters and to prevent the misuse
of religion for political purpose.
It will also be necessary to lay down
fundamental principles so that the State may be able to carry out appropriate
measures to ensure national cultural development and to protect it.
Regarding the foreign policy of the State,
the pursuance of the independent, active and non-aligned foreign policy and the
continuation of friendly relations between nations should also be laid down as
fundamental principles.
Furthermore, fundamental principles should be
laid down unequivocally enunciating that just as fundamental principles to be
included in the Constitution are to be adhered to when laws are promulgated by
the Legislative Hluttaws, they are also to be regarded as directives in the
interpretation of the Constitution or of any other laws promulgated.
Cardinal points
Respected Chairman,
What I have explained and clarified here are
points which should be considered in the discussions for laying down the
fundamental principles of the State. If the political parties and delegate
groups discuss and submit their proposals systematically according to the order
of chapter headings previously co-ordinated keeping
in mind the address delivered by the Commission Chairman and the points which I
have explained in connection with the six objectives as well as taking into
consideration such affairs as economic, social and foreign matters, I am sure
that the discussions cannot but be complete and comprehensive. The chapter
headings are as follows:
-- State structure
-- Head of State
-- Legislature
-- Executive
-- Judiciary
-- Tatmadaw
-- Citizens and their fundamental rights and
responsibilities
-- Election
-- Political parties
-- Emergency provisions
-- Amendment to the Constitution
-- State Flag, State Emblem, Natioanl Anthem and the State Capital
-- Transitory provisions
-- General provisions
In conducting the discussions and submitting
proposals regarding the fundamental principles, connected with the above
chapter headings, I wish the esteemed delegates to deal only with the main
points and leave the details for future discussions made according to
individual chapter headings. The proposals initially made by the political
parties and groups regarding the fundamental principles of the State and which
have been recorded by the National Convention Convening Work Committee may now
also be discussed as and where appropriate.
Respected Chairman and esteemed delegates,
I wish to say that the discussions and
co-ordinations of the fundamental principles in connection with the fundamental
principles of the State should be confined to six objectives which have been
stated and also such discussions and co-ordinations should be according to the
provisions laid down in Chapter 4 of the National Convention Procedures.
I wish to remind you that an enduring
Constitution would emerge only if all the discussions and proposals the
esteemed delegates are able to make their points are in harmony [sic] with the
natural environmental conditions and demographical conditions of the country,
the historical events which have taken place and the political, economic,
social, cultural and traditional matters which are prevailing and while keeping
in mind the demographically heterogeneous nature of the population of
nationalities within the country as well as the condition of our natural
resources. All these and other relevant factors should be viewed from all
possible aspects and taking all these factors into consideration, the basic and
the most fundamental principles which will be suitable for the Myanmar
Naing-Ngan must be proposed. I conclude by urging all political parties an delegate groups to discuss matters with your respective
political parties or delegates groups according to your wishes exhaustively,
comprehensively and consequently submit your proposals to the National
Convention Convening Work Committee according to the procedures which have been
laid down. (NLM 6/8)
Convention Proceedings
June 8: The National Convention Convening
Work Committee met to "discuss the remaining tasks for the
convention." (NLM 6/ 9)
June 11: All eight delegate groups met
separately and discussed fundamental principles [officials and speakers
listed]. (NLM 6/12)
June 13: Four delegate groups met [officials
and speakers listed]: Representatives-elect (adjourned to June 17);
Intelligentsia and Technocrats; State Service Personnel (adjourned to June 16);
and Other Invited Delegates. (NLM 6/14)
June 15: Two groups met: Political Parties
received papers from the National Unity Party, Union Pa-oh National
Organization, and Union Kayin League (adjourned to
June 16); Other Invited Delegates (adjourned to June 16). (NLM 6/16)
June 16: Four groups met: National Races
(adjourned to June 18); Workers (adjourned to June 17); State Service Personnel
(adjourned to June 18); and Other Invited Delegates (adjourned to June 17).
(NLM 6/ 17)
June 17: Four groups met: Political Parties
received papers from Shan Nationalities League for Democracy, Kokang Democratic Party, Mro or Khami National Solidarity Organization, Lahu
National Development Party, and Wa National Development Party (adjourned to
June 21); Representatives-elect (adjourned to June 21); Workers (adjourned to
June 21); Other Invited Delegates (adjourned to June 21). The delegates were
entertained at night by the Tha-bar-wa Yin-thway Nge music band at Saya San Hall. (NLM 6/18)
June 18: Three groups met: National Races
(adjourned to June 21); Intelligentsia and Intellectuals (adjourned to June
21); State Service Personnel. A coordination meeting was held between the
National Convention Work Committee and members of the Panel of Chairmen. (NLM
6/19)
June 21: [June 22 issue of NLM not received;
presumably the groups listed for June 17 met again.]
June 22: Two groups met: National Races
(adjourned to June 28); Peasants (adjourned to June 23). (NLM 6/23)
June 23: Two groups met: Peasants (adjourned
to July 5); Workers. (NLM 6/24)
June 24: Two groups met:
Representatives-elect (adjourned to June 29); Other Invited Delegates
(adjourned to June 29). (NLM 6/25)
June 25: Two groups met: Intelligentsia and
Intellectuals (adjourned to July 1); State Service Personnel (adjourned to June
28). (NLM 6/26)
June 28: Three groups met: Political Parties
heard proposals from the Shan State Kokang Democratic
Party, the Mro or Khami
National Solidarity Organization, the Lahu National
Development Party, and the Wa National Development Party; National Races
(adjourned to July 2); State Service Personnel (adjourned to June 30). (NLM
6/29)
June 29: One group met: Other Invited
Delegates (adjourned to July 2). (NLM 6/30)