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 Islamabad and others donated 3,000 ball pens for the Convention. The Mangagement Committee met. (NLM 6/5)

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 Yangon. (NLM 6/7)

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 Ahlon Road, with 680 delegates present. Convening Commission Chairman Lt-Gen. Myo Nyunt delivered the opening address [full text]:

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 Union" which is one of the six objectives of the National Convention is directly related to the fundamental principles for consideration in the chapter heading No 2 "The State Structure". It is necessary to establish our nation strong and durable. It is also necessary for all the nationals to take pride one and all, as the citizens of Myanmar Naing-Ngan without entertaining any narrow and extreme racist attitudes. I feel great honour and much gratification because I have come to know that all the esteemed delegates are opposed to the concept of the so-called "genuine federalist" principles which in 1962 nearly resulted in the disintegration of the Union and also because the esteemed delegates are known to be also opposed to any threat of separatism. It is incumbent on all of us to get together and prevent as well as foil any kind of attempt likely to be made in the future for any particular region or for any particular national group of the Union of Myanmar to follow separatist path. Our Tatmadaw, on its part, will continue as it is now doing to adhere to Our Three Main National Causes, we will continue to adhere to the principles and foil any attempt by anybody to drive the Union towards disintegration. The Tatmadaw will never watch with hands folded--we wish all the esteemed delegates here to be assured of this.

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 Kayah State are given access to legislation in their own region as well as administration and judicial matters, would it be natural for such rights to be denied to the people of Bago Division? Would it be just? The total population of Kayah State is just a little over 160,000 whereas the population of Bago Division is over 3.8 million. Similarly, the Tanintharyi Division has a population of one million, Sagaing Division has a population of 3.9 million, Magway Division has a population of 3.2 million, Mandalay Division has a population of 4.6 million, Yangon Division has over 4 million, Ayeyarwady Division has a population of over 5 million. It is therefore equally important to think and consider whether regions with populations of hundreds of thousands are to be left without democratic rights. Hence, to sum it up, the seven States and the seven Division should invariably be provided with equal status.... this is something which can only be suitable under the circumstances.

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. America with its 51 States [sic] is an example in which no particular State has been named according to the names of a specific nationality or racial group. Hence, it is to be presumed that it would be most appropriate if in the future Myanmar Naing-Ngan in the different regions would be called, for example Kanbawza, Kantarawady, Dhannyawady, Ramanya, Oktha, Dagon, Yadanabon etc., etc.

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 11 February 1947 at Panglong on the eve of the Union Day. Among other things Bogyoke Aung San said:--

"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 Myanmar terms the bicameral nature of the British parliament. Within the contemporary context we may not have any nobles and King's men; however, the bicameral nature may be procured if there is a Hluttaw which representes fourteen main regions of the country and another Hluttaw which represents the entire country. With this we may arrive at a system in which legislation and legislators work may be effectively carried out upon a bicameral basis. In that Raja Dhamma Sangha Treatise, which more or less represents the earliest constitutional treatise in Myanmar Naing-Ngan, there revealed a certain code of conduct for monarchs called "Aparihaniya Dhamma", the meaning of this expression is "Sans adversity and sans destruction": in other words it means the way to progress and development. In the "Aparihaniya Dhamma" there are the following expressions:

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 7 April 1993.

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 9 January 1993, to recall to your mind how the drafting of the State Constitution including fundamental principles is delicate and serious. [Five paragraphs quoted, calling on delegates to work for the welfare of the nation, prevent national disintegration, preserve national solidarity, include justice, liberty and equality, and give a leadership role to the Tatmadaw.]....

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 Union;

-- 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 Union", the following are the basic points:

-- 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)