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 VIII, No. 9, September 1994




NATIONAL CONVENTION
National Convention Plenary Session
Lt-Gen. Myo Nyunt's Opening Speech
U Aung Toe's Clarifications
Self-administered areas and zones
Legislatures
National Executive
Region/State governments
Self-administered area governments
Union Territory administration
Judiciary

NATIONAL CONVENTION

National Convention Plenary Session

Aug. 31: Delegates to the reconvening plenary session of the National Convention continued to arrive. (NLM 9/1) // Sept. 1: More delegates arrived. Variety dances were staged for the delegates at Saya San Hall, Kyaikkasan Grounds. (NLM 9/2)

Sept. 2: The Plenary Session of the National Convention reconvened at the Central Conference Hall on the President's Residence compound on Ahlon Road at 9 am. It was attended by Chairman of the National Convention Convening Commission Lt-Gen. Myo Nyunt, Vice-Chairman Lt-Gen. Maung Tint, Chairman of the National Convention Convening Work Committee U Aung Toe, Vice-Chairman U Tha Tun, Chairman of the National Convention Convening Management Committee Brig-Gen. Tin Aye, and others. 667 out of the 687 delegates were present. Condolence were offered for delegates U Lwe Hson of Shan State Special Region 7 (other invited delegates), who died Apr. 17, 1994, and U Kan Thein of Sagaing Division (peasants), who died Aug. 24, 1994.

Fourteen newsmen from NKH news agency based in Bangkok; Fuji TV based in Bangkok; Manager Magazine of Bangkok; Yomiuri Shimbun; Nippon TV Mainichi Shimbun; Kyodo news agency; Asahi Shimbun; and VOA covered the proceedings.

An opening speech was given by Lt-Gen. Myo Nyunt, and a very lengthy {reproduced in NLM over several days} clarification by U Aung Toe. [Reported separately below] [photos] (NLM 9/3)

Sept. 5: Members of the Panels of Chairmen of the various delegates group met to discuss self-administered areas and chapters on legislative, executive and judicial affairs. Workers: will meet again Sept. 6; Political parties: will meet again Sept. 9; Representatives-elect: will meet again Sept. 8; Nationalities: will meet again Sept. 7; State service personnel: arrangements for compilation of papers were discussed; Other invited persons: heard from the chairman. (NLM 9/6)

Sept. 6: Five delegates groups met, to discuss dates for submitting papers on self-administered areas to the Panel of Chairmen: Peasants: agreed on Sept. 14; Workers: Sept. 12; Intelligentsia and Intellectuals: Sept. 14; State service personnel: will meet again Sept. 16; National races: Sept. 14. (NLM 9/7)

Sept. 7: One delegate group met. National races: papers to be submitted Sept. 14. (NLM 9/8)

Sept. 8: One group met. Representatives-elect: delegates discussed compiling proposal papers. The representatives of several parties announced dates for submitting their papers. (NLM 9/9)

Sept. 9: One group met: Political parties: delegates discussed preparation of Party papers. (NLM 9/10)

Sept. 12: Three groups met. Workers: Panel of chairmen met; State service personnel; Panel of Chairmen met; Other invited persons: Panel of Chairmen met. (NLM 9/13)

Sept. 13: One delegate group met: Other invited persons. (NLM 9/14)

Sept. 15: One group met. Peasants: Panel of Chairmen met, group discussions will be held Sept. 21; the chapters will be explained Sept. 16. (NLM 9/16)

Sept. 16: Five groups met. Workers: will continue Sept. 19; Intelligentsia and intellectuals: proposal committee to be submitted Sept. 29; State service personnel: will resume Sept. 20-21. Other invited persons: Panel of Chairmen met, will resume Sept. 19; National races: Panel of Chairmen met, will resume Sept. 20-21. (NLM 9/17)

Sept. 19: Four delegate groups met. Workers; State service personnel; Other invited persons: will hold Panel of Chairmen coordination meeting Sept. 20; Political parties: fixed further dates for Party papers, and the Panel of Chairmen will examine proposal papers on Sept. 21. (NLM 9/20)

Sept. 20: Four groups met. Intelligentsia and intellectuals: a coordination meeting of the Panel of Chairmen set for Sept. 26; State service personnel: coordination meeting set for Sept. 21; Other invited persons: coordination meeting set for Sept. 22; National races: coordination meeting set for Sept. 21. (NLM 9/21)

Sept. 21: Five groups met. Peasants: coordination meeting set for Sept . 22; State service personnel: coordination meeting held; Political parties: coordination meeting held, delegates will meet Sept. 30; Representatives-elect: coordination meeting held, delegates will meet Sept. 23; National races: coordination meeting held, various papers read, all proposal papers due Sept. 29, delegates will meet Sept. 22. (NLM 9/22)

Sept. 22: Four groups met. Peasants: delegates met and named sub-group to compile papers; State service personnel: two sub-groups met to coordinate papers; Other invited persons: discussed proposals; National races: papers were presented by different ethnic groups. (NLM 9/23)

Sept. 23: Two groups met. State service personnel: a sub-group met; Representatives-elect: The Panel of Chairmen met, and will call delegates together on Oct. 3. (NLM 9/24)

Sept. 26: Four groups met. Intelligentsia and intellectuals: A subgroup scrutinized proposal papers on self-administered areas; State service personnel: Panel of Alternate Chairmen and subgroups scrutinized papers; Other invited persons: Panel of Alternate Chairmen scrutinized proposal papers on self-administered areas; Nationalities: Panel of Alternate Chairmen scrutinized proposal papers on the legislature. (NLM 9/27)

Sept. 27: Three groups met. Workers: Panel of Alternate Chairmen scrutinized proposal papers; State service personnel: A subgroup compiled proposal papers; Other invited persons: Panel of Alternate Chairmen scrutinized proposal papers on self-administered areas. Other groups continued to work on papers. (NLM 9/28)

Sept. 28: Two groups met. State service personnel: The Panel of Chairmen scrutinized proposal papers. Other invited persons: Delegates heard various proposal papers. (NLM 9/29)

Sept. 29: Three groups met. Peasants: The Panel of Chairmen scrutinized papers. Workers: The Panel of Chairmen scrutinized papers. State service personnel: A Ministry of Defence subgroup met to complete papers. (NLM 9/30)


Lt-Gen. Myo Nyunt's Opening Speech

Sept. 2: The following is the speech given by Lt-Gen. Myo Nyunt at the opening session of the reconvened Plenary Session of the National Convention [full text]:

Esteemed delegates to the National Convention.

I express profound pleasure at seeing the delegates assembled here all in good health for the Plenary Session of the National Convention and ardent wishes for all to carry on with the tasks of the National Convention hand in hand together with vigour in body and mind.

Esteemed delegates

Our ongoing National Convention is systematically and seriously exercising consultations seeking positive ideas and suggestions to obtain principles to serve as basis in writing the State Constitution that is vitally required for the State.

As is known to all, great changes have taken place right from the base in the country. Just as it is changing over, especially in the political sphere, from single party leadership to multi-party democracy, so also it is, in the economic field, from a centrally-controlled economy towards a market economy that encourages the private sector.

So also in social system and administrative system, there have to be changes in practices from the very base, so as to be in conformity with the changed political system.

At such a time as the present when deep and profound changes have taken place in political, economic, social, administrative and other spheres, emergence of a new State Constitution has become an absolute necessity.

It is highly necessary for the new State Constitution to be one that is really workable, that can truly promote the interests of the people inclusive of all national races, that is in conformity with the conditions that have newly emerged after cessation of old political, economic, social and administrative systems.

The 1947 Constitution and the 1974 Constitution had emerged in accord with their times and after some periods of time had become no longer viable in the changed conditions. The Constitution we are going to write now has to be ever-lasting and capable of forever promoting the interests of the citizens of the country.

In formulating policies and objectives and along with them, important working styles, for building a new nation, it is necessary for all -- political party delegates, representatives-elect, national races delegates, peasant delegates, worker delegates, intellectual and intelligentsia delegates, services [sic] personnel delegates and other invited persons -- to work together in co-operation, participate in discussions and contribute ideas and suggestions. Only when the new nation can so be built on the base of national solidarity will there be unity and peace in the new nation.

Peace and unity are reciprocally contributory. For our Myanmar Naing-Ngan to be abreast of others all round amidst the nations of the world, it needs to be a modern nation. And only when we achieve rapid political, economic and social development will a modern nation emerge. That is why, it will be seen by all, the State Law and Order Restoration Council is striving today with priority to achieve national solidarity without fail.

If an objective review is made of the root cause for the collapse of national solidarity, one will clearly find the events that had taken place under parliamentary democracy since 1948-49. In those times past, some organizations went out of the legal fold on political, ideological or racial grounds. In that way, national solidarity got weakened for over 40 post-independence years, as is known to all.

So, when political problems could not be peacefully solved politically, our Tatmadaw had had to safeguard the nation suffering much hardship and sacrificing many lives.

Now, in striving organizationally and magnanimously to achieve national solidarity, our Tatmadaw is gaining great success.

We will continue to strive with genuine goodwill and true motives to bring the remaining underground armed groups to come into the legal fold.

[Six Objectives]

Esteemed delegates

All along so far in the convening of the National Convention, we all have held in highest esteem and carried out the six objectives of the National Convention, namely

(a) non-disintegration of the Union

(b) non-disintegration of national solidarity

(c) perpetuation of sovereignty

(d) flourishing of a genuine multi-party democracy system

(e) further flourishing of the noblest and worthiest of worldly values namely justice, liberty and equality in the State

(f) for the Tatmadaw to be able to participate in the national political leadership role of the future State

We will be having to carry on with implementation of these six objectives at this plenary session of the National Convention as well.

All these six objectives of the National Convention are vital requisites for the emergence of the new democratic state.

[Role of Tatmadaw]

The sixth objective of the National Convention, namely, "for the Tatmadaw to be able to participate in the national political leadership role of the future State" is a vital requisite for our Union of Myanmar.

Every Tatmadaw in every country has its own history, each distinct on its own, depending on country. Particularly for Myanmar Naing-Ngan, our Tatmadaw that had grown up waging the national liberation struggles and carrying out the aspirations of the people is one of true origin and one that has always been loyal to the people.

As it developed closely with the process of historical development, the Tatmadaw has always discharged it duties well, with daring and sacrifice for the people. Members of the Tatmadaw too have always been united solidly and fully. Moreover, the Tatmadaw has been able to strive organizationally, farsightedly and magnanimously and achieve unprecedented success in strengthening national solidarity at present, as seen by the delegates. The responsibility to safeguard and perpetuate such success in national solidarity rests on the shoulders of all citizens inclusive of the Tatmadaw.

In the national political leadership role that is to further Our Three Main National Causes that are of primary importance for smooth progress along the future course of the State, and to strive for stable and grand development of the new democratic State, representatives of the people who will be elected when the times comes and that Tatmadaw which is in the nature of perpetual representative of the people by virtue of its origin as well as by virtue of its present stand are to strive hand in hand together shouldering responsibilities as they fall on them.

Esteemed delegates

In the previous plenary sessions of the National Convention, we have laid down 104 principles to serve as basis, and detailed principles to serve as basis in the chapters of "The State", "The State Structure" and "The Head of State".

It will also be seen, most hearteningly, that these principles to form basis and detailed principles to form basis are in accord with the six objectives of the National Convention.

In continuing with our discussions at the current session of the National Convention too, it is necessary to contribute ideas and suggestions in accord with the six objectives of the National Convention true to the past tradition. It is necessary to clearly present only ideas that are truly desirable, consistent and relevant, and refrain from discussions contrary to the basic principles already obtained earlier.

[Agenda]

Esteemed delegates

The agenda of the National Convention going on from today is firstly for discussions on the subject of "self-administered areas" as it had been declared the discussions thereon would continue as they had not been finished in the course of discussions on the State Structure.

After that, discussions are to be held on "The Legislature" "The Executive" and "The Judiciary" from among the chapter headings we have prescribed.

These matters are not isolated ones but interrelated. so, for the convenience of the delegates in discussion to bring out basic principles as regards these three chapter headings of legislative, executive and judicial matters, the Chairman of the National Convention Convening Work Committee will be explaining the relevant matters today the opening day of the plenary session of the National Convention.

Only then will the delegates be able to have a comprehensive understanding of important points of the three chapter headings and carry on with systematic discussions on each heading in the group discussions.

[Keep to the subject! Don't harm solidarity!]

Esteemed delegates

We are architects to build the new nation. With great farsightedness, we must strive to obtain basic principles that will practically promote the fundamental interests of all national races of our country.

So it is necessary for all to give positive and constructive ideas based on the spirit of broad solidarity. It is also necessary to be in accord with procedures of the National Convention in carrying on with their discussions. I would like to request all not to repeat again and again thoughts, ideas and pronouncements far removed from relevance to the heading under discussion.

Moreover, it is necessary to especially take care in the course of discussions not to cause any harm to the positive foundations of solidarity of the national races that are the result of endeavours of the State Law and Order Restoration Council.

Henceforth, in the ongoing discussions, we would like the delegates to strive to obtain more of principles that will contribute towards the solidarity of the national race, which is our immediate as well as long-term need.

Esteemed delegates

In conclusion I would like to urge you all

-- to unswervingly uphold and implement the six objectives of the National Convention, to the best of your ability

-- to cooperate patiently with farsightedness and broadmindedness

-- to fully and seriously abide by the procedures of the National Convention.

(NLM 9/3)


U Aung Toe's Clarifications

Sept. 2: The following is a translation of the "clarification" given by Chairman U Aung Toe of the National Convention Convening Work Committee [full text], as reproduced in NLM from Sept. 3-7 [Note: throughout this text, the term "majority" appears to be used for "plurality"--HCMacD.]:

Esteemed Chairman and delegates to the National Convention,

I extend my best wishes for your wellbeing in mind and body and all auspiciousness for the delegates to the National Convention.

[Agenda]

The Panel of Chairmen appraised at the Plenary Session of the National Convention on 6 April 1994 that it would take time as proposals of the National Convention delegates on prescribing self-administered areas (or) self-administered zones were many and extensive and as they would be scrutinized if they were in accord with the principles laid down or not.

In connection with the appraisal of the Panel of Chairmen, I clarified at the Plenary Session of the National Convention on 9 April 1994 that the manner of laying down a principle to prescribe self-administered areas and self-administered zones should not be carried out at the time but the matter would be deliberated at the next Plenary Session of the National Convention.

The Chairman of the National Convention Convening Committee also urged all to make the most of opportunity available during the recess to conduct studies to be able to offer good advice and suggestions in connection with the chapters on legislative, executive and judicial matters along with the matter of prescribing self-administered divisions and self-administered zones when the National Convention resumed.

You are expected to have already conducted studies to be able to offer good advice and suggestions as urged by the Chairman of the National Convention Convening Commission. The National Convention Convening Work Committee itself has conducted studies. Of the studies conducted, we will first of all, clarify the points in connection with prescribing self-administered divisions and self-administered zones.

 

[Self-administered areas and zones:]

In giving suggestions at the previous Plenary Session, some National Convention delegates, political parties and delegate groups deliberated and proposed the terms—townships, districts and appropriate size of population included in the principles already laid down to form a base. Suggestions and proposals thus made were of much help in prescribing self-administered divisions and self-administered zones. So, I will continue to clarify matters in connection with the terms—townships, districts, appropriate size of population and contiguous areas.

Base

In constituting the Union, principles have been laid down to form base as:

-- ‘in a self-administered zone, townships therein are organized into the self-administered zone’

-- ‘in a self-administered division, townships therein are organized into districts and districts are organized into the self-administered division’.

In the principles to form base, there will be at least two townships as it is stated ‘townships’; and there will be at least two districts as it is stated ‘districts’.

In prescribing self-administered areas, a principle has been laid down to form base as:

-- ‘in regions or states, self-administered areas are to be prescribed for national races who reside together in communities on the same common [sic] stretches of land in appropriate sizes of population, other than national races who have already got regions or states’.

The ‘appropriate sizes of population’ in the basic principle becomes so when the population of the nationalities concerned in the townships to be included in the self-administered area is the highest in each township, and is more than half of the total population in the townships concerned. ‘Contiguous areas’ signifies that territories of the townships concerned are contiguous and there exist conditions to be contiguous.

I will further clarify each proposal out of those submitted to the previous Plenary Session in connection with prescribing self-administered divisions and self-administered zones, based on the terms I have just clarified. In so doing, I will clarify the proposal for the respective nationalities together if there are more than one proposal for a national races [sic].

[Naga self-administered zone]

Esteemed Chairman,

National races delegates U Hla Pe (a) U Kam Yam and U Khawla Saw of Sagaing Division proposed that a self-administered division or a self-administered zone be prescribed for Naga nationals organizing Hkamti Township, Homalin Township, Leshi Township, Lahe Township and Namyun Township included in Hkamti District, Sagaing Division.

According to the data gathered by the Immigration and Manpower Department dated 15 August 1994, the townships where there are the highest number of Naga population in the individual townships in Sagaing Division, and where Naga population is more than half of the total population are Namyun, Lahe and Leshi Townships. Naga population in each township and total population in these townships are as follows:

-- population of Namyun Township 56,598  Naga nationals 42,450

-- population of Lahe Township 40,903  Naga nationals 30,065

-- population of Leshi Township 15,139 Naga nationals 10,942

-- total population of three townships 112,640  Naga nationals 83,457

These townships are situated contiguously. Hence, there exist conditions favourable to prescribing the self-administered zone for Naga nationals organized with Namyun, Lahe and Leshi Townships.

[Danu self-administered zone]

Esteemed Chairman,

National races delegates U Kyaw Zaw and U Mya Than proposed that self-administered division or self-administered zone be prescribed for Danu nationals organizing Ywangan Township, Pindaya Township, Kalaw Township, Yaksauk Township, Nawnghkio Township, Taungledon village-tract, Kyaukni village-tract and Bankan village-tract in Taunggyi Township, Monglong area in Khaukme Township, six villages of Kyaunghsogon village-tract and four villages of Legaung village-tract in Thazi Township, Mandalay Division.

According to data gathered by the Immigration and Manpower Department, the townships where there are the highest number of Danu population in the individual townships in Shan State, and where Danu population is more than half of the total population are Nawnghkio, Ywangan and Pindaya Townships. Danu population in each township and total population in these townships are as follows:

-- population of Nawnghkio Township 104,302 Danu nationals 35,758

-- population of Ywangan Township 56,590 Danu nationals 47,704

-- population of Pindaya Township 39,273

-- total population of three townships 220,714 Danu nationals 122,735

Out of those townships, it is found that Nawnghkio Township is not adjacent to Ywangan Township nor to Pindaya Township. Moreover, there exist no favourable conditions to be contiguous. Ywangan and Pindaya Townships, however, are contiguous. It is therefore observed that there are favourable conditions to prescribe a self-administered zone for Danu nationals organized with Ywangan and Pindaya Townships.

[Pa-O self-administered zone]

Esteemed Chairman,

National races delegates U Hkun Thein Myint, U Hkun Kyaw Thu and U Hkun Ko Maung of Shan State, U Hkun Win Naung of Kayin State, U Aung Hkam Hti of Special Region 6 in southern Shan State and delegate of the Union Pa-O National Organization U Aung Khin proposed that a self-administered zone be prescribed for Pa-O nationals organizing Taunggyi, Hopong, Hsiseng, Yawnghwe, Kalaw, Pindaya, Ywangan, Pekhon, Pinlaung, Yaksauk, Loilem, Namhsan, Mongnai, Maukmai, Laungkhio, Mongpan, Laicha and Mongkaing Townships in Shan State.

According to data gathered by the Immigration and Manpower Department, the townships in which there are the highest number of Pa-O population in the individual townships in Shan State, and where Pa-O population is more than half the total population are only Hopong, Hsiseng, and Pinlaung Townships. Pa-O population in each township and total population in those townships are as follows:

-- population of Hopong Township 76,210 Pa-O nationals 50,022

-- population of Hsiseng Township 80,253 Pa-O nationals 51,011

-- population of Pinlaung Township 118,829 Pa-O nationals 88,072

Those townships are situated adjacent to one another and there exist conditions favourable to be contiguous.

These townships are closely linked and there are conditions for them to be on the same common stretches of land. Therefore, it is seen that the situation of Hopong, Hsihseng and Pinlaung Townships is such that they can be organized together and prescribed as self-administered zone for Pa-O nationals.

[Palaung self-administered zone]

Esteemed Chairman,

Members of the national races delegate group U Shwe Maung, U Nyunt Maung and U Aung Hsar and delegate U Ai Mong of Shan State Special Region 7 have proposed that the villages in Namhkam, Kutkai, Namtu, Namsang, and Kyaukme, and western and northern sectors of Hsipaw, Manton Myothit, Mongngaw Myothit, Mongmit Townships in Shan State and Mogok Township in Mandalay Division, where the Palaung nationals reside are to be organized together and prescribed as self-administered zone for Palaung nationals.

According to the statistics compiled by the Immigration and Manpower Department, out of the townships in Shan State, the townships where the majority of the people are Palaung nationals and as well as representing over half the population are Namsang and Manton Townships only. The population of each township and total population of the two townships are:--

-- population of Namsang Township 69,048 population of Palaung nationals 57,052

-- population of Mongton Township 29,274 population of Palaung nationals 15,322

-- total population of two townships 98,322 population of Palaung nationals 72,374

These townships are in the same common stretches of land. Therefore it is seen that Namsang and Mongton townships have the condition to be organized together and prescribed as a self-administered zone for Palaung nationals.

[Kokang self-administered zone]

Esteemed Chairman,

National Convention delegate U Yan Kyakwai (a) U Khin Maung San of Shan State Special Region 1 proposed that Kunlong, Konkyan, Kutkai and Muse Townships in Shan State (North) should be organized together and prescribed as self-administered zone of Kokang nationals. Representative of the Shan State Kokang Democratic Party U Ti Daung Wai proposed that Kunlong and Konkyan townships should be organized together and national races delegates of Shan State U Chit Swe and U Kyaw Sein and representative of the Kokang Democracy and Unity Party U Phu Kwe I proposed that Shan State (North) Special Region 1 be prescribed as self-administered division for Kokang nationals.

According to the statistics compiled by the Immigration and Manpower Department, the townships where the majority of the people are Kokang nationals and where their population is more than half the total population of the townships are found to be Konkyan and Laukkai Townships. The population of each township and total population of the two townships are:--

-- population of Konkyan Township 35,839 population of Kokang nationals 27,378

-- population of Laukkai Township 55,591 population of Kokang nationals 46,635

-- total population of two townships 91,430 population of Kokang nationals 74,013

These two townships are closely linked and are on the same common stretches of land. Hence, the condition is such that these two townships can be organized together and prescribed as self-administered zone for Kokang nationals.

[Wa self-administered division]

Esteemed Chairman,

Representatives of national races delegates of Shan State U Sai Paung Nat proposed that Mongmao, Pangwaing, Hopang, Pangyang, Narphan, Manphant, Tangyang, Mongyang, Monghsu, Mongping, Mongkhat, Kengtung, Mongyawng, Mongphyak, Tachilek, Mongtung and Monghsat Townships and Mongkyet and Mongyaw village-tracts in Lashio Township in Shan State should be organized together and prescribed as self-administered division of Wa nationals. Representative of Shan State (North) Special Region 1 U Aung Myint and representative of Wa National Development Party U Marcos (a) U Sai Lone made a proposal for prescribing a Wa State or self-administered division for Wa nationals.

According to the statistics compiled by the Immigration and Manpower Department, the townships where the majority of the population is Wa national and where more than half of the total population is made up of Wa nationals are Hopang, Mongmao, Pangwaing, Narphan, Manphant and Pangyang Townships. The population of each township and the total population of the townships are:--

 -- population of Hopong 70,720 population of Wa nationals 24,024

-- population of Mongmao 77,378 population of Wa nationals 59,105

-- population of Pangwaing 33,418 population of Wa nationals 25,526

-- population of Narphan 48,466 population of Wa nationals 37,024

-- population of Manphant 50,592 population of Wa nationals 38,644

-- population of Pangyang 51,895 population of Wa nationals 24,145

-- total population of six townships 332,469 population of Wa nationals 208,468

These townships are closely linked and are contiguous. Hence, it is seen that the condition is such that Hopang, Mongmao, Pangwaing, Narphan, Manphant and Pangyang Townships are to be organized together and prescribed as self-administered area of Wa nationals. In prescribing thus, since there are six townships it is seen that they can be formed into two districts and prescribed as self-administered division.

[Proposed Lahu self-administered zone]

Esteemed Chairman,

Representative of Lahu National Development Party U Kyar Har Shel made a proposal that Mongpyin, Monghsat and Mongtung townships in Shan State should be organized together and prescribed as self-administered zone of Lahu nationals.

According to the statistics compiled by the Immigration and Manpower Department, it is seen that out of the townships in Shan State, the townships in which the majority of population is made up of Lahu nationals is Monghsat Township only. Its population is:--

n       population of Monghsat 65,446 population of Lahu nationals 25,156

It is necessary to have at least two townships in a self-administered zone and the population of the national races which will get the right to self-determination must be in majority in each of the townships. Moreover, the population of the national races must be more than half the total population of each township. The township where the Lahu nationals are in the majority is only one and in the townships which are contiguous to it, Lahu nationals are residing in a scattered manner. Hence, it is seen that the conditions do not permit the prescribing of self-administered zone for Lahu nationals.

However, it is seen that the population of Lahu nationals in Shan State stands at over 170,000. If this population is the appropriate number to participate in legislative and executive affairs of a region or a state, then the situation is such that representatives of the Lahu nationals will have the right to participate in legislative and executive affairs of Shan State and carry out the affairs of Lahu nationals.

[Proposed Inntha self-administered zone]

Esteemed Chairman,

National races delegates of Shan State U San Tun Maung and U Ba Than have put up a proposal to organize together the entire Inlay region in Nyaungshwe Township, Shan State, and prescribe a self-administered zone for Inntha nationals.

According to the statistics compiled by the Immigration and Manpower Department, there is only Nyaungshwe Township which has a population with Inntha nationals in the majority among the townships in Shan State. The population of Nyaungshwe is:--

n       population of Nyaungshwe 237,243 population of Inntha nationals 96,032

In a self-administered zone there must be at least two townships and the national races which will have the right to get self-administered zone must be in the majority in each of the townships as well as more than half of the total population. Since there is only one township where the Inntha nationals are in the majority and in townships which are contiguous, the Inntha nationals do not reside in a community but in scattered places. Hence, it is found that conditions to permit for Inntha nationals to get a self-administered zone do not exist.

However, it is found that the population of Inntha nationals in Shan State stands at over 110,000. If this number of population is the appropriate number to participate in legislative and executive affairs of the self-administered division or self-administered state [sic], then representatives of Inntha nationals will have the right to participate in legislative and executive affairs of Shan State and carry out the affairs of Inntha nationals.

[Proposed Kayan self-administered zone]

Esteemed Chairman,

National races delegate of Shan State U J Hla Moe and U Gabriel Byan of Kayan group have proposed that a self-administered zone be established for Kayan nationals, organizing under it in the are from Pekhon Township to the southwestern tip of Pinlaung Township in Shan State, Loikaw and Dimawhso Townships in the north-west of Kayah State, northern area of Thandaung Township in Kayin State and eastern hill region of Pyinmana Township in Mandalay Division.

According to the statement of Immigration and Manpower Department, the only township in Shan State in which Kayan nationals form the majority is Pekhon and than in Kayah State is Dimawhso. The total and Kayan populations of the two townships are:

In Shan State,

-- the total population of Pekhon Township is 58,639 and Its Kayan population is 40,005.

In Kayah State,

n       the total population of Dimawhso Township is 56,408 and Its Kayan population is 17,975.

It is found that there is no township in Kayin State and Mandalay Division in which Kayan population is the largest. It is stated in an already adopted fundamental principle that the existing seven divisions are designated seven regions and the existing seven states are designated seven states. Self-administered divisions or self-administered zones are to be prescribed within each of the regions and states. According to the delegates’ proposal, townships in three states and one division are to be organized into the Kayan nationals’ self-administered zone. There is only one township in Shan State in which Kayan population forms the majority and one in Kayah State. So, it is viewed that there is no condition to organize areas in Shan, Kayah and Kayin States and Mandalay Division into a self-administered zone.

However, it is found that as the Kayan population in Shan State is more than 480,000 and if it is an appropriate size for participation in the Shan State legislature and administration, it is opportune for participation in the Shan State legislature and administration as Kayan national affairs representatives to manage their national race’s affairs.

[Proposed Akha self-administered zone]

Esteemed Chairman,

National races delegates of Shan State U Peter Thaung Sein and U Ah Zi said in their proposal that there is no condition to prescribe Akha nationals’ self-administered zone composed of Kengtung, Monghkat, Mongyang, Mongphyak, Mongyang, Tachilek, Mongping and Metman Townships in Shan State and however, there is an appropriate size of Akha population in Mongma-Mongla area in the east of Kengtung Township and with it in the centre, villages and village-tracts in four special regions be organized into Akha nationals’ self-administered zone.

U Min Ein of Shan State Special Region 4 proposed that the special region be designated a special self-administered division and under it, Akha self-administered district, Shan self-administered district and Lwela self-administered district be organized.

According to the fundamental principle concerning self-administered areas, there are two kinds—the self-administered division and the self-administered zone. At least two townships are needed to qualify for a self-administered zone. Just as each of them must have Akha nationals in the majority, Akha population must also be more than half its total population. There is no such township in Shan State in which the number of Akha national residents is the largest. So, it is found that there is no condition to prescribe an Akha nationals’ self-administered zone.

However, it is found that as the Akha population in Shan State is more than 100,000 and if it is an appropriate size for participation in region or state legislature and administration, it is opportune for them to participate in the Shan State legislature and administration as Akha national affairs representatives to manage their national race’s affairs.

[Proposed Kachin self-administered division in Shan State]

Esteemed Chairman,

National races delegate U Zote Dawng of Shan State and U Mahtu Naw of Shan State (North) Special Region 5 have proposed that the special region be designated self-administered division for Kachin nationals in Shan State.

Kachin nationals are a national races [sic] that already has its own state and so it is found that there is no condition for Kachin nationals to get a self-administered division or self-administered zone in Shan State.

However, it is found that as the number of Kachin national residing in Shan State is more than 100,000 and if it is an appropriate size for participation in the Shan State legislature and administration, it is opportune for them to participate in the Shan State legislature and administration as Kachin national affairs representatives to manage their national race’s affairs.

[Proposed Tai-lai self-administered zone in Kachin State and Sagaing Division]

Esteemed Chairman,

National races delegates U Kyaw Soe Lay, U Saw I Tun, U Werei Ja and U Mangu Hta Thang of Kachin State have proposed that a self-administered zone be prescribed for Shan national sub-races Tai-lon, Tai-lian, Tai-lei and Tai-hkamti nationals after organizing under it Mohnyin, Mogaung, Karmaing, Bhamo, Shwegu and Mansi Townships in Kachin State.

U Sai Naunt, a delegate of Shan State (North) Special Region 3, has proposed that a suitable self-administered division or self-administered zone be prescribed for Shan national stocks Tai-lian, Tai-nei, Tai-I, Tai-hkamti, Tai-kadu, Tai-ganan and Tai-hkum nationals who reside together in a community on the same stretch of area in southern Kachin and supper Sagaing Division.

U Sai Soe Nyunt, on behalf of Shan Nationalities League for Democracy, has proposed that Tai-lai State or Tai-lai self-administered zone be prescribed after organizing under it all plains in Bhamo, Momauk, Mansi and Shwegu Townships in Bhamo District, all plains in Myitkyina, Waingmaw, Mogaung, Mohnyin, Karmaing and Tanai in Myitkyina District, Katha, Indaw, Htigyaint, Banmauk, Kawlin, Wuntho and Pinlebu Townships in Katha District, Kalay, Phaungpyin, Tamu, Kalaywa, Mawlaik and Meinkan areas in Kalay District and Hkamti, Homalin and Namyun areas in Hkamti District.

Regions, States

As a fundamental principle concerning the State Structure has been already laid down to prescribe that the existing seven divisions are designated seven regions and the existing seven states are designated seven states, there is no permission to delineate for further designation of a region or state. So, it is found that there is no condition for such delineation as in the proposal of Shan Nationalities League for Democracy which has been submitted for designating a new state.

Similarly, there has been a fundamental principle for prescribing a self-administered area only for national races who have not got a region or state. So, it is found that there is no condition for prescribing a self-administered zone as proposed by Shan Nationalities League for Democracy.

However, the population of Shan nationals in Kachin State is more than 260,000 and that in Sagaing Division is more than 200,000. If the sizes of population are appropriate for participation in the region or state legislature and administration, Shan nationals have the opportunity to participate in the Kachin State and Sagaing Region legislatures and administrations as Shan national affairs representatives to manage their national race’s affairs.

[Proposed Putao self-administered zone]

Esteemed Chairman,

National races delegates U Kyaw Soe Lay, U Saw I Tun, U Werei Ja and U Mangu Hta Thang of Kachin State have proposed that Putao self-administered zone be prescribed for Lisu, Rawan and Tai-hkamti nationals after organizing under it Putao, Machambaw, Nogmun, Khawbude and Sumbrabum Townships in Kachin State.

The fundamental principle regarding self-administered division or self-administered zone is not for such designation as in the proposal for three or four national races together but for each national races [sic] and so it is found that there is no condition for their proposal to designate a self-administered zone.

[Proposed Paletwa Hills self-administered division]

Esteemed Chairman,

National races delegate U Htat Lai of Chin State has proposed that Paletwa Hills self-administered division be prescribed for Khumi nationals in Paletwa area after redelineating it into five townships — Shinletwa, Tron-ai, Paletwa, Samee and Thandaung Townships.

It is essential that there must be at least two townships in a self-administered zone and the population of the national races must form majority in each township and over a half of the total population of the townships. To prescribe as a self-administered division, it is essential that there must be at least four townships. According to the data compiled by the Immigration and Manpower Department, it is found that there is no township in Chin State inhabited by majority of Khumi nationals. As such, there are no favourable conditions to prescribe Paletwa Hill as self-administered division for Khumi nationals.

[Proposed Mro or Khami self-administered division]

Esteemed Chairman,

On behalf of the Mro or Khami National Solidarity Organization, U San Tha Aung proposed Pauktaw, Ponnagyun, Mrauk-U, Buthidaung, Maungtaw, Rathedaung and Kyauktaw Townships in Rakhine State and Paletwa Township in Chin State be organized and prescribed as self-administered division for Mro or Khami nationals.

The fundamental principle was laid down for designation of a self-administered division or self-administered zone in respective regions or states. It is found that Mro or Khami National Solidarity Organization’s proposal to organize the townships in Rakhine and Chin States and prescribe them as self-administered division is inconsistent with the fundamental principle.

As regards organizing townships in Rakhine State only or in Chin State to prescribe a self-administered division, it is essential that there must be at least four townships in a self-administered division and the population of the nationals to be prescribed for that self-administered division must form majority in each township and over a half of the total population inhabited in the townships.

In accordance with the data of the Immigration and Manpower Department, it is found that there is no township in Rakhine State and Chin State inhabited by majority of Mro or Khami nationals. Thus, there are no favourable conditions to designate a self-administered division for Mro or Khami nationals.

[Proposed Kayin {outside Kayin State} and other self-administered areas]

Esteemed Chairman,

On behalf of the Union Kayin League, U Saw Than Aung proposed ‘excluding Kayin State’ be included in the clause ‘other than national races who have already got regions or states’ in Item 5 of the seven basic principles for the State Structure and to designate self-administered areas for Pa-O, Palaung, Danu, Lahu, Akhar, ‘Wa’, Kokang, Mro or Khami, Naga and Lisu nationals and other deserving national races.

It is appraised that the Item 5 of the basic principles, which was adopted in connection with designating self-administered areas, concerns all national races who have got regions or states, and there cannot be made and exception. If Kayin nationals in the other region or state outside the Kayin State constitute and appropriate size of population to participate in legislation and administration of the region or state, there will be right for the representative of Kayin nationals to participate in legislature and administration of the region or state to be able to carry out Kayin national affairs.

In connection with the Kayin National League’s proposal on designation of self-administered divisions or self-administered zones for deserving national races, the matter has been included in the clarification relating to each national races [sic].

[Various proposed self-administered areas]

Esteemed Chairman,

On behalf of the Shan Nationalities League for Democracy, U Sai Soe Nyunt proposed in connection with the self-administered areas to be prescribed for national races that if it is to be assumed necessary to prescribe self-administered zone for Mro or Khami nationals in Rakhine State, it is also necessary to prescribe self-administered areas for Kayin nationals in Ayeyarwady Region, Chin and Naga nationals in western Magway Region and western Sagaing Region, Kayin and Pa-O nationals in Kayin State and Mon State, and Tailai nationals of upper Sagaing and Kachin areas.

The above-mentioned clarification relating to each national races includes the matter concerning the proposal in connection with Tailai and Naga national races. For the remaining nationals included in the proposal, it is appraised that Kayin and Chin nationals have already got their own states, and will not get a self-administered division or self-administered zone in another region or state.

The above-mentioned clarification also includes Pa-O national affairs. Though any township in Mon State is not inhabited by majority of Pa-O nationals, the total population of Pa-O nationals in Mon State is over 66,000. It is found that depending on the size of population of Pa-O nationals to be appropriate for participation of legislature and administration in a region or state, the representative of Pa-O nationals will have right to participate in legislature and administration of Mon State to be able to carry out Pa-O national affairs.

[Methods for designation of self-administered areas]

Esteemed Chairman,

On behalf of the National League for Democracy, U Khin Maung (Panglong), U Nyunt Wai, U Lwin and U Aung Shwe proposed in connection with the designation of self-administered divisions or self-administered zones that it is appropriate to prescribe them right away instead of having the State set up a commission to do so, for the nationals concerned will be pleased and it will further consolidate national unity. However, they also proposed that it should not be decided without having proper data on the population sizes and density in respective regions and topographical conditions, and so the State should form a commission to do so.

U Tun Yi and U Khin Maung Gyi of the National Unity Party proposed that for ‘Wa’, Kokang, Pa-O and Palaung nationals in Shan State and Naga nationals in Sagaing Region, it is more appropriate to designate which townships to be prescribed as self-administered division or self-administered zone for which national races and representatives of the national races in respective regions should extensively and practically coordinate and participate in so doing.

In connection with designating self-administered division or self-administered zone, national races delegates group, peasant delegates group, worker delegates group, intelligentsia and intellectual delegates group, service personnel delegates group and other invited persons group also submitted proposals. Similarly, there are proposals submitted individually or in groups by the delegates of these groups, and those submitted on behalf of their party, individually or in groups, by delegates of representative-elect group.

Salient points

All delegates have already known these proposals which delegates concerned read and submitted the proposal papers at the previous National Convention Plenary Session. All delegates hear again the salient points of the proposals appraised and submitted by the members of the Panel of Chairmen. In connection with designation of self-administered division or self-administered zone, I have included in my clarification the points in the proposals of national races and parties. Therefore, I will not clarify these points again.

[Legislative, Executive, & Judicial Chapters]

Esteemed Chairman,

What I have said now is the part related to designating self-administered division or self-administered zone. I will continue my clarification in connection with Legislature, Executive and Judiciary. (NLM 9/3)

The principles that will form base for the chapters—legislature, executive and judiciary—are related to one another. There also include [sic] some principles which are to be dealt with when the specific chapters are discussed. Some of the principles which will serve as base are to be coordinated between one chapter and another.

Hence, discussions will be disjointed if the chapters—legislature, executive and judiciary—are deliberated separately. In order to lay down the principles to serve as base for the chapters—legislature, executive and judiciary—discussions can be highlighted on three sections. They are:

-- organization,

-- distribution of powers and

-- functions

for each chapter to be discussed separately.

So, I will present points what we have studied in connection with organization of the chapters—legislature, executive and judiciary—to avoid disjoints in the delegates’ discussions and in forwarding suggestions.


[Legislatures]

Esteemed Chairman,

To deal with the chapter on legislature first, a principle has been laid down to serve as base as follows: 'the legislative power of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws; legislative power stipulated by the State Constitution shall be distributed to self-administered areas.

Based on that principle, the following principles should be laid down in detail to serve as base:

1. The legislative power of the State is distributed among the Pyidaungsu (Union) Hluttaw, Regions Hluttaws and State Hluttaws;

2. Legislative power stipulated by the State Constitution shall be distributed to self-administered areas.

[Pyidaungsu Hluttaw]

Esteemed Chairman,

Principles laid down to form base in connection with the Pyidaungsu (Union) Hluttaw are as follows:

1. Pyidaungsu Hluttaw consists of two Hluttaws--one Hluttaw elected on the basis of population and the other one with equal number of representatives elected from regions and states;

2. Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws include Tatmadaw servicemen Hluttaw representatives nominated [as] such by the Defence Services Commander-in-Chief in numbers stipulated by the State Constitution.

Esteemed Chairman,

In laying down the principles to form base the terms 'Hluttaw elected on the basis of population' and 'Hluttaw elected with equal number of representatives elected from regions and states' were used.

Now principles in detail to form base for the respective chapters are to be discussed and it should be taken into consideration first what terms should be used for the two Hluttaws.

There were two Hluttaws in the country under the 1947 Constitution. One Hluttaw was called 'Chamber of Nationalities' and the other 'Chamber of Deputies'.

According to the principle laid down to form base, two Hluttaws shall be constituted in our country. In the 1947 Constitution and 1974 Constitution, the Pyithu Hluttaw elected on the basis of population was termed 'Pyithu Hluttaw' and similarly in laying down the principles to form base for the Constitution to be written, the Pyithu Hluttaw to be elected on the basis of population should be termed 'Pyithu Hluttaw (House of Representatives)'.

The Hluttaw constituted with equal number of representatives elected from regions and states, however, should be termed 'Amyotha Hluttaw (House of Nationalities)' to signify the involvement of all the national races. Suggestions are to be forwarded if there are more suitable terms.

Esteemed Chairman,

In my clarifications, I will use the term 'Pyithu Hluttaw' for the Hluttaw elected on the basis of population and the term the 'Amyotha Hluttaw' for the Hluttaw constituted with equal number of representatives elected from regions and states for the sake of clarity of the delegates.

In accordance with the principle to form base I have just presented, it should be laid down in detail in constituting the Pyidaungsu Hluttaw:

-- The Pyidaungsu Hluttaw consists [of] the following Hluttaws:

(1) the Pyithu Hluttaw (House of Representatives) constituted with representatives elected on the basis of population and Tatmadaw servicemen Hluttaw representatives nominated such by the Defence Services Commander-in-Chief.

(2) the 'Amyotha Hluttaw' constituted with equal number of Hluttaw representatives elected from regions and states and Tatmadaw servicemen Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services.

[Pyithu Hluttaw: 330 elected & 110 Tatmadaw members]

Esteemed Chairman,

Clarifications in connection with the formation of Pyithu Hluttaw will be given. It is found that according to the 1947 Constitution, the Pyithu Hluttaw was formed with 250 Pyithu Hluttaw members. According to the 1974 Constitution, the First Pyithu Hluttaw was formed with 451 Pyithu Hluttaw members, the Second Pyithu Hluttaw with 464 Hluttaw members, the Third Pyithu Hluttaw with 475 Hluttaw members and the Fourth Pyithu Hluttaw with 489 Hluttaw members.

It has been found that the Pyithu Hluttaw should be formed with 440 Pyithu Hluttaw members according to the population of our country and to enable the participation of majority of the national races residing in the entire Union. In forming the Pyithu Hluttaw with a maximum of 440 members, it should be done with 330 elected Pyithu Hluttaw members and 110 Tatmadawmen Pyithu Hluttaw members.

The reason for saying that 330 elected Pyithu Hluttaw members should be included in forming the Pyithu Hluttaw is that there are now 324 townships in the Union of Myanmar and all national races reside in these townships. The population of some townships is high and some townships is low. However, as it is found that all national races live together in all the townships, the election is held in township constituencies which are designated based on the population of the township and therefore, many national races will have the chance to be included in the Pyithu Hluttaw. Hence, it is necessary to elect one Hluttaw representative each in townships where the population has up to 300,000 people and one Hluttaw representative in townships with the population which is more than 300,000. It is to be prescribed that the number of Pyithu Hluttaw thus elected should not exceed 330. If the number of Hluttaw representatives elected falls short of the prescribed 330, then it is to be prescribed under the Election Law for electing one Pyithu Hluttaw representative each from the townships where the population exceeds 300,000 and this is to be done beginning from the township which has the highest population.

[Tatmadaw Representation]

Esteemed Chairman,

The Tatmadaw has the responsibility to shoulder the national duty by holding in high esteem Our Three Main National Causes -- non-disintegration of the Union; non-disintegration of national sovereignty and perpetuity of sovereignty. It is quite evident that the Tatmadaw is seen to have stood firm in making sacrifices for the sake of the country and the people and a high historical tradition and to preserve and defend Our Three Main National Causes.

In order that the Tatmadaw may be able to participate in the national political leadership role of the future State and to continue to defend and preserve Our Three Main National Causes, it will be proper to have 110 Tatmadawmen Hluttaw representatives in the Pyithu Hluttaw. It is to [be] assumed that this is an appropriate ratio.

Therefore, in connection with the forming of the Pyithu Hluttaw it should be formed with 440 Hluttaw representatives [and] a detailed policy to be taken as base should be laid down as follows:--

(a) based on the population the number of Hluttaw representatives elected should not exceed 330;

(b) the number of Tatmadawmen Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services should not exceed 110.

[Pyithu Hluttaw Alternate Chairman]

Esteemed Chairman,

After the formation of the Pyithu Hluttaw it is vital to have the Panel of Chairmen to supervise the Pyithu Hluttaw. Hence the principle to be based on electing the Panel of Chairmen of the Pyithu Hluttaw will be presented.

It is necessary to elect one Alternate Chairman to supervise over the meeting for electing the Pyithu Hluttaw Panel of Chairmen. This is necessary to enable Pyithu Hluttaw members to take the oath of office in the presence of the Panel of Chairmen when the first session of the First Pyithu Hluttaw commences for one Pyithu Hluttaw term.

Therefore, in connection with the electing [of] an Alternate Chairman a detail[ed] policy to be taken as base should be laid down as follows:--

1. one Alternate Chairman shall be elected from among the Pyithu Hluttaw members at the commencement of the first session of the First Pyithu Hluttaw term;

2. the Alternate Chairman shall take the oath of office in the presence of Pyithu Hluttaw; and

3. the Alternate Chairman shall continue to supervise up to the time of electing Panel of Chairmen of the Pyithu Hluttaw and Vice-Chairman.

[Pyithu Hluttaw Chairman & Vice-Chairman]

Esteemed Chairman,

I will continue to explain elections to offices of the chairman and vice-chairman of the Pyithu Hluttaw (House of Representatives).

It is found in constitutions of some nations that supervision of functions concerning the Hluttaw is carried out by means of appointing Hluttaw heads or through elections.

According to the 1947 Constitution, heads of the two Hluttaws are elected by the representatives of the respective Hluttaw. According to the 1974 Constitution, the Panel of Chairmen was elected by people's Pyithu Hluttaw representatives.

According to the 1947 Constitution, head of the Chamber of Nationalities was termed "Nayaka" (Speaker) and head of the Chamber of Deputies "Okkahta" (Speaker). According to the 1974 Constitution, member of the Panel of Chairmen who presided at each regular session of the Pyithu Hluttaw was termed "Ahlekya Thabapati" (Alternate Chairman).

It will become necessary for the Pyithu Hluttaw (House of Representatives) to be formed in future to have heads of the Pyithu Hluttaw to oversee and carry out functions concerning the Pyithu Hluttaw. So head of the Pyithu Hluttaw should be termed "Thabapati" (Chairman).

Esteemed Chairman,

The Pyithu Hluttaw will have to play an important role in legislation. Should only a chairman be assigned duties to preside over regular sessions of the Pyithu Hluttaw and supervise Pyithu Hluttaw-related functions, there will be a heavy burden of duties on the respective chairman. It is found that if a vice-chairman be designated to support the chairman, Hluttaw-related functions will be properly managed.

So, regarding elections to offices of the chairman and vice-chairman of the Pyithu Hluttaw, it should be laid down as detailed fundamental principles --

1. In the Pyithu Hluttaw,

(a) The Pyithu Hluttaw representatives shall elect a chairman and a vice-chairman of the Pyithu Hluttaw from among themselves;

(b) If the office of the chairman or vice-chairman is vacant, it shall be substituted by election at the next Pyithu Hluttaw session;

(c) If the chairman becomes incapacitated the vice-chairman shall temporarily assume the duties of the chairman;

2. Proceedings for elections to the office of the chairman and the vice-chairman shall be prescribed by enacting law.

Esteemed Chairman,

Regarding the performance of duties by the Pyithu Hluttaw chairman and vice-chairman, it is observed that the chairman and the vice-chairman elected by the Pyithu Hluttaw for continuous supervision of Pyithu Hluttaw-related functions are to continue to serve in office until the first session of the next term of the Pyithu Hluttaw is convened. So, regarding the duties by the chairman, it should be laid down as a detailed fundamental principle that --

-- The Pyithu Hluttaw chairman and vice-chairman shall perform their duties until the first session of the next term of the Pyithu Hluttaw is convened.

Esteemed Chairman,

The Pyithu Hluttaw chairman and vice-chairman are persons who have to perform heavy duties such as supervision of Pyithu Hluttaw-related functions and presiding over the Pyithu Hluttaw sessions. So, it is necessary to prescribe their duties, rights and privileges.

So, regarding duties, rights and privileges of the Pyithu Hluttaw chairman and vice-chairman, it should be laid down as a detailed fundamental principle that --

-- Duties, rights and privileges of the Pyithu Hluttaw chairman and vice-chairman shall be prescribed by law.

It is common that duties, rights and privileges of the Pyithu Hluttaw chairman and vice-chairman are not prescribed in detail in the Constitution but by enacting a separate law. According to the 1947 Constitution, the chairmanship is of great status. So, it should be considered whether or not a detailed fundamental principle should be laid down for prescribing that the Pyithu Hluttaw chairman has the right to the status of the Vice-President and the vice-chairman to the status of the Pyidaungsu (Union) Minister so that they will be supportive to enacting the separate law.

Esteemed Chairman,

The Pyithu Hluttaw chairman and vice-chairman are persons elected by the Pyithu Hluttaw representatives. However, if they wish to resign from their offices of their own volition, they should be allowed. Moreover, as they are Pyithu Hluttaw representatives, they are subject to the Electoral Law and any other law. A detailed fundamental principle should be laid down that in the event of termination from being Hluttaw representatives or having no longer right to stand as Hluttaw representatives or removal from the offices of chairman and vice-chairman by the Pyithu Hluttaw, or death, it is to be deemed that they have already been terminated from chairmanship or vice-chairmanship.

In connection with the removal of the chairman or vice-chairman of Pyithu Hluttaw from office, the detailed fundamental principle should be laid down as follows:

-- The chairman or the vice-chairman of the Pyithu Hluttaw shall be deemed to have been terminated from his duty as the chairman or the vice-chairman in the event of his resignation, or removal from being a Pyithu Hluttaw representative, or having no right to continue to stand as a Pyithu Hluttaw representative, or cessation of his duty as the chairman of the vice-chairman by the Pyithu Hluttaw, or his death.

[Pyithu Hluttaw Committees]

Esteemed Chairman,

It is essential to form committees with Pyithu Hluttaw representatives to enable the Pyithu Hluttaw to carry out tasks for promulgation, discussion and study of laws in connection with State affairs.

According to the traditions of formation of the Hluttaws under the 1947 Constitution and the Hluttaw under the 1974 Constitution, and the Hluttaws of some countries, it is observed that Bill Committee, Public Accounts Committee, Hluttaw Privileges Committee and Government Obligation Scrutinization Committee should be formed with Pyithu Hluttaw representatives.

Moreover, the Pyithu Hluttaw should have the power to form Hluttaw Committees with its representatives and invest them with duties as and when necessary to enable them to observe and report on legislation, administration, national races, economic, financial, social and foreign affairs as well as other affairs.

Esteemed Chairman,

If and when there is a reason to report on the Tatmadaw affairs in addition to the defence and security affairs, the Defence and Security Committee should be formed with the Tatmadawmen Pyithu Hluttaw rep representatives.

It is essential for the Pyithu Hluttaw to determine the organization, duties, powers, privileges and term of Hluttaw Committees.

In addition, if there is a case to negotiate with the Amyotha Hluttaw, the Pyithu Hluttaw should have power to form a joint committee with equal members [numbers??] of representatives each from the Pyithu Hluttaw and the Amyotha Hluttaw and invest it with duties. The Pyithu Hluttaw should have power to elect representatives as members of the committee and invest duties and powers. The term of the joint committee should be determined till the report has been submitted to the respective Hluttaw.

Esteemed Chairman,

The Pyithu Hluttaw and the Amyotha Hluttaw under the future Constitution will have to form Hluttaw Committees in accord with laws and observe a matter related to State affairs. Both Hluttaws have to observe the same matter together, for if they are to look into it separately, it will delay the work and, as such, the joint committee should be formed after coordination between the chairmen of the Hluttaws.

Hence, in connection with the committees of the Pyithu Hluttaw, a detail[ed] fundamental principle should be laid down as follows:

1. Pyithu Hluttaw shall form Bill Committee, Public Accounts Committee, Hluttaw Privileges Committee and Government's Obligations Scrutinization Committee with Pyithu Hluttaw representatives;

2. Pyithu Hluttaw shall, if there is reason to observe and report the Tatmadaw affairs in addition to defence and security affairs, form Defence and Security Committee with the Tatmadawmen Pyithu Hluttaw representatives and determine the term of the Committee;

3. Pyithu Hluttaw shall, as and when necessary, form Hluttaw Committees with representatives from the Pyithu Hluttaw to observe and submit reports on legislation, administration, national races, economic, financial, social and foreign affairs as well as other affairs, after determining the terms of the committees;

4. Pyithu Hluttaw shall determine the organization, duties, powers, privileges and terms of Pyithu Hluttaw Committees;

5. Pyithu Hluttaw shall, if there is reason to negotiate with the Amyotha Hluttaw, elect Pyithu Hluttaw representatives and invest them with duties to be able to form a joint committee constituting equal members [numbers?] of the representatives each from the Pyithu Hluttaw and the Amyotha Hluttaw. The joint committee shall hold office till the report has been submitted to the Hluttaw concerned.

6. Pyithu Hluttaw and Amyotha Hluttaw shall, if both Hluttaws have to investigate the same matter except from those mentioned above in Sub-paras 1 and 2, form, after coordination between the chairmen of the Hluttaws, a joint committee constituting equal numbers of representatives each from the Pyithu Hluttaw and the Amyotha Hluttaw. Pyithu Hluttaw shall have power to elect the members of the joint committee and invest duties and powers. The joint committee shall hold office till the report has been submitted to the Hluttaw concerned.

[Pyithu Hluttaw Commissions]

Esteemed Chairman,

Except duties of the Committees formed by the Pyithu Hluttaw, the Pyithu Hluttaw should have the help of experts not among the Hluttaw representatives if there is the need to know any subject related to the State affairs.

The Pyithu Hluttaw should have the right to form commissions or committees consisting of Pyithu Hluttaw representatives or suitable citizens when there arises the need to make an extensive study of matters.

So, principles should be laid down in specific detail to form base as follows in connection with the commissions and committees formed by the Pyithu Hluttaw:

1. The Pyithu Hluttaw shall form, if necessary, commissions and committees consisting of Pyithu Hluttaw representatives or suitable citizens;

2. When the Pyithu Hluttaw forms commissions and committees it shall prescribe membership, duties, rights, privileges and terms of office of the commissions and committees.

[Pyithu Hluttaw Term of Office]

Esteemed Chairman,

Matters concerning the term of office of the Pyithu Hluttaw will now be clarified. Regular term of office of the Pyithu Hluttaw was prescribed four years under the 1947 Constitution and the 1974 Constitution. A basic principle has already been laid down prescribing the term of office of the President as five years under the new Constitution. Required by the laws promulgated by the Pyithu Hluttaw, the President of the Union shall perform the duties of the State. According to experience, more time will be needed to carry out the tasks if the term of the Pyithu Hluttaw is prescribed as only four years. The President of the Union himself will have sufficient time to carry out the tasks of the State effectively and successfully during his term of office only after the regular term of the Pyithu Hluttaw has been prescribed five years.

So, in connection with the term of the Pyithu Hluttaw a basic principle should be laid down in specific detail as follows:

-- The term of the Pyithu Hluttaw is five years from the date on which the first session of the Pyithu Hluttaw begins.

[Amyotha Hluttaw: 168 elected and 56 Tatmadaw members]

Esteemed Chairman,

Our studies on the formation of the Amyotha Hluttaw will now be clarified. Under the basic principles already laid down, the Amyotha Hluttaw is to be constituted with equal numbers of representatives elected from regions and states. Moreover, it shall be formed with Tatmadaw member Hluttaw representatives nominated as such by the Commander-in-Chief of Defence Services.

So, the number of representatives of the Amyotha Hluttaw shall be taken into consideration first. Under the basic principles already laid down, the Amyotha Hluttaw is to be constituted with equal numbers of representatives elected from the seven regions and seven states and Tatmadaw member Hluttaw representatives nominated as such by the Commander-in-Chief of Defence Services. Naturally, the number of representatives of the Pyithu Hluttaw will be more than that of the Amyotha Hluttaw. So, the number of the Pyithu Hluttaw representatives should be about double the number of Amyotha Hluttaw representatives.

If the Pyithu Hluttaw is to be constituted with the maximum 440 representatives as I have presented earlier, the Amyotha Hluttaw should be formed with 220 Hluttaw representatives or around this figure.

If the Amyotha Hluttaw is to be constituted with maximum 224 Hluttaw representatives, 16 Hluttaw representatives including Tatmadaw member representatives should be prescribed for each region and state in accordance with the basic principle already laid down. Out of the 15 representatives, twelve of them should be elected representatives, and one third of the elected number or four Hluttaw representatives should be Tatmadaw member Hluttaw representatives nominated as such by the Commander-in-Chief of the Defence Services

[Self-administered Area Representatives]

Esteemed Chairman,

The Amyotha Hluttaw should be constituted with as many national races as possible. If the representatives elected from the self-administered divisions and self-administered zones of the respective regions or states can participate in the Amyotha Hluttaw they will be able to present the affairs of their self-administered divisions or zones to the Amyotha Hluttaw directly. This being so, elected representatives of the self-administered divisions or self-administered zones should be allowed to participate in the Amyotha Hluttaw.

So, a basic principle should be laid down in specific detail as follows in connection with formation of the Amyotha Hluttaw:

-- The Amyotha Hluttaw shall be constituted with maximum 224 Hluttaw representatives as follows:

(a) 12 representatives elected from each region or state including one representative each from the self-administered divisions or self-administered zones, if there are any in the region or state concerned, totalling 168 Amyotha Hluttaw representatives;

(b) Four Tatmadaw member representatives from each region or state nominated by the Commander-in-Chief of Defence Services totalling 56 Amyotha Hluttaw representatives.

[Amyotha Hluttaw Acting Chairman]

Esteemed Chairman,

An acting chairman is to be elected to the first session of an Amyotha Hluttaw at the start of its term to preside over the session. Then only can the Amyotha Hluttaw representatives take the oath of office before the acting chairman. Moreover, the acting chairman will be able to supervise the Amyotha Hluttaw session until the chairman and the vice-chairman of the Amyotha Hluttaw have been elected.

So, in connection with election of the acting chairman of the Amyotha Hluttaw basic principles should be laid down in specific detail as follows:

1. An Amyotha Hluttaw representative shall be elected as acting chairman at the first session of an Amyotha Hluttaw at the start of its term,

2. The acting chairman shall take oath of office before the Amyotha Hluttaw,

3. The acting chairman shall supervise the Amyotha Hluttaw session until the chairman and the vice-chairman of the Amyotha Hluttaw have been elected.

[Amyotha Hluttaw Chairman & Vice-Chairman]

Esteemed Chairman,

The matter of electing the chairman and vice-chairman of the Amyotha Hluttaw will now be clarified.

One Amyotha Hluttaw chairman and one vice-chairman should be elected from among the Amyotha Hluttaw representatives to supervise the Amyotha Hluttaw functions, Amyotha Hluttaw sessions or to conduct coordination with the Pyithu Hluttaw as necessary.

It is proposed to elect a vice-chairman so that the person can assist the chairman in discharging duties and discharge the duties of the chairman provisionally when the chairman is in no position to discharge the duties for various reasons thereby avoiding unnecessary delays in the Amyotha Hluttaw functions.

Methods should be prescribed by law for electing the Amyotha Hluttaw chairman and vice-chairman.

So, in connection with election of the Amyotha Hluttaw chairman and vice-chairman basic principles should be laid down in specific detail as follows:

1. At the Amyotha Hluttaw--

(a) One Amyotha Hluttaw chairman and one vice-chairman shall be elected from among Amyotha Hluttaw representatives;

(b) If the post of the chairman or the vice-chairman falls vacant, the nearest Amyotha Hluttaw session shall elect a new representative to fill the vacancy,

(c) The vice-chairman shall take over the duties of the chairman provisionally when the chairman is unable to discharge the duties.

2. Methods shall be prescribed by law for electing the Amyotha Hluttaw chairman and vice-chairman.

Esteemed Chairman,

Discharge of duties by the Amyotha Hluttaw chairman and vice-chairman will now be presented. The chairman and vice-chairman should carry on their duties until the next Amyotha Hluttaw session begins. However, the chairmanship or vice-chairmanship will be suspended when the chairman or vice-chairman resigns or the person's being an Amyotha Hluttaw representative is suspended or the person's being an Amyotha Hluttaw representative ceases to exist or the Amyotha Hluttaw revokes the person's chairmanship or vice-chairmanship or upon the person's death.

So, in connection with discharging duties and suspension from the posts of the chairman and vice-chairman principles should be laid down in detail as follows:

1. The chairman and the vice-chairman shall carry on their duties until the first session of the next Amyotha Hluttaw session begins;

2. The Amyotha Hluttaw chairmanship or vice-chairmanship shall be suspended upon the person's resignation or suspension of the Amyotha Hluttaw representative or the person's being an Amyotha Hluttaw representative ceases or the Amyotha Hluttaw's revocation of the chairmanship or the vice-chairmanship or the person's death.

Esteemed Chairman,

It is necessary to prescribe the rights and responsibilities of the Chairman and Vice-chairman of Amyotha Hluttaw to enable them to perform them effectively. It is found that laws were promulgated on the rights and responsibilities of the Chairmen by the Hluttaws in the past.

Therefore--

-- a law should be promulgated on the duties, rights and responsibilities of the Chairman and Vice-Chairman of Amyotha Hluttaw in specific detail to be taken as base.

In promulgating such laws, the positions and rights of the Chairman and Vice-Chairman of Amyotha Hluttaw, who have to shoulder heavy responsibilities of Amyotha Hluttaw should be prescribed appropriately accordingly to be suitable to the duties they have to perform. The privileges to be enjoyed by them is to be prescribed by law. Therefore, if the National Convention delegates lay down some main points to be taken as the basic principles, then they will come handy when drafting this law suitably. It is to be suggested that the privileges to be enjoyed by the Chairman and Vice-Chairman of Amyotha Hluttaw should be the same as those enjoyed by the Chairman and Vice-Chairman of the Pyithu Hluttaw.

It is to be deliberated upon and suggestions given as to whether or not a basic principle should be laid for the Amyotha Hluttaw Chairman to enjoy the same position as the Vice-President and the Vice-Chairman to enjoy the same position as the Pyidaungsu (Union) Minister.

[Amyotha Hluttaw Committees & Commissions]

Esteemed Chairman,

According to the studies made it is seen that Amyotha Hluttaw Committee, Commission and Committees should be formed in the same manner as the Pyithu Hluttaw to enable the Amyotha Hluttaw to study and present the tasks to be carried out by the Amyotha Hluttaw. The reasons for forming this Committee, Commission and Committees have been given in the clarifications made in connection with Pyithu Hluttaw.

Hence, in connection with the forming of Amyotha Hluttaw Committee, Commission and Committees, basic principles should be laid down precisely as follows:--

1. (a) the Amyotha Hluttaw shall form the Bill Committee, Public Accounts Committee, Hluttaw Privileges Committee and Government Obligations Scrutinization Committee with Amyotha Hluttaw representatives;

(b) The Amyotha Hluttaw shall form the Defence and Security Committee if and when there is reason to study and report on the Tatmadaw affairs in addition to the defence and security affairs with the Tatmadaw member Amyotha Hluttaw representatives and determine the term of the Committee;

(c) The Amyotha Hluttaw shall form, as and when necessary, Hluttaw Committees with Amyotha Hluttaw representative to observe and submit reports on legislation, administration, national races, economic, financial, social and foreign affairs as well as other affairs by determining the terms of the committees;

(d) the Amyotha Hluttaw shall determine the organization, duties, powers, rights and privileges and tenure of Amyotha Hluttaw Committees;

(e) the Amyotha Hluttaw shall, if there arises the need to negotiate with the Pyithu Hluttaw, elect Amyotha Hluttaw representatives and invest them with the duties to be able to form a Joint Committee with equal number of representatives each from the Amyotha Hluttaw and the Pyithu Hluttaw. The Joint-Committee shall hold office till the report has been submitted to the respective Hluttaw;

(f) the Amyotha Hluttaw and the Pyithu Hluttaw shall, if both Hluttaws have to investigate the same matter except those mentioned in Sub-paras (a) and (b), form after coordinations between the Chairmen of the Hluttaws, a Joint-Committee with equal numbers of representatives each from the Amyotha Hluttaw and the Pyithu Hluttaw. The Amyotha Hluttaw shall have the power to elect members of the Joint-Committee and invest duties and powers in them. The tenure of the Joint-Committee is up to the time the report has been submitted to respective Hluttaws;

2. (a) the Amyotha Hluttaw shall, if necessary, form the Commission and Committees either with Amyotha Hluttaw representatives or by including suitable citizens;

(b) the Amyotha Hluttaw, in forming the necessary Commission and Committees, shall prescribe the number of members, duties, rights, privileges and tenure of office of the Commission or Committees.

[Amyotha Hluttaw Term of Office]

Esteemed Chairman,

The prescribing of tenure of office of the Amyotha Hluttaw will be explained. When the general elections are held the electorate will generally elect representatives to the Amyotha Hluttaw and Pyithu Hluttaw simultaneously. It will be convenient to hold the next general elections only when the tenures of office of the Amyotha Hluttaw and the Pyithu Hluttaw begin and end at the same time. Therefore, the tenure of office of the Amyotha Hluttaw should be the same as that of the Pyithu Hluttaw and should end on the day the tenure of office of the Pyithu Hluttaw ends.

Therefore, a precise basic principle should be laid down in connection with the tenure in office of the Amyotha Hluttaw as:--

-- the tenure of office of the Amyotha Hluttaw shall be the same as that of the Pyithu Hluttaw. The tenure of office of Amyotha Hluttaw shall end on the day the tenure of office of the Pyithu Hluttaw ends.

[Pyidaungsu Hluttaw Chairman & Vice-Chairman]

Esteemed Chairman,

According to the basic principles laid down, the two Hluttaws, the Pyithu Hluttaw and the Amyotha Hluttaw form the Pyidaungsu (Union) Hluttaw. The Pyidaungsu Hluttaw is to be convened from time to time. It is to be regarded that there is no reason for the Pyidaungsu Hluttaw to be held every now and then like the Pyithu Hluttaw and the Amyotha Hluttaw. Therefore, it is not necessary to separately elect the Chairman and Vice-Chairman for presiding over the Pyidaungsu Hluttaw sessions as the Chairmen and Vice-Chairmen of the Pyithu Hluttaw and Amyotha Hluttaw can preside over the Pyidaungsu Hluttaw alternately. If this is done the Chairman and Vice-Chairman of the Amyotha Hluttaw can act as the Chairman and Vice-Chairman of the Pyidaungsu Hluttaw for half the term of 30 months and then the Chairman and Vice-Chairman of the Pyithu Hluttaw can take over the responsibilities during the remaining half.

Therefore, precise basic principles should be laid down in connection with taking of responsibilities of the Chairman and Vice-Chairman of the Pyidaungsu Hluttaw as follows:--

1. the Chairman and Vice-Chairman of the Amyotha Hluttaw shall act as the Chairman and Vice-Chairman of Pyidaungsu Hluttaw from the day the tenure of office of the Pyithu Hluttaw commences up to the end of 30 months. The Chairman and Vice-Chairman of the Pyithu Hluttaw shall take over the responsibilities of Chairman and Vice-Chairman of the Pyidaungsu Hluttaw for the remaining tenure of office;

2. when the Chairman of the Pyidaungsu Hluttaw cannot perform his duties, then the Vice-Chairman shall take over the responsibilities of the Chairman.

 

[Region/State Hluttaws]

Esteemed Chairman,

The Division [sic--an obvious misprint for "Region," repeated in the next few paragraphs] and State Hluttaws shall promulgate necessary laws for their respective divisions and states mainly within the rights conferred upon them by the Constitution. In order to be able to do this, the Division Hluttaws and State Hluttaws must have appropriate number of Hluttaw representatives. Therefore, in accordance with the basic principles laid down, the Division Hluttaws and State Hluttaws should be formed with Hluttaw representatives elected constituencywise in the respective divisions and states, Tatmadaw Hluttaw members nominated by the Commander-in-Chief of the Defence Services and Hluttaw representatives of national races which have an appropriate population in the respective divisions and states.

Hluttaw representative for the Division Hluttaws and State Hluttaws are to be elected townshipwise. In so doing, it will be appropriate to elect two Hluttaw representatives from each township in the respective divisions and states to get appropriate number of Hluttaw representatives for Division Hluttaws and State Hluttaws as previously mentioned and they will represent their respective townships.

Moreover, the Division Hluttaws and State Hluttaws will also include Tatmadawmen Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services. The number of the Tatmadawmen Hluttaw representatives must also be prescribed.

It is also seen that the number of Tatmadawmen Hluttaw representatives at Pyithu Hluttaw and Amyotha Hluttaw should be one-third of the number of elected Hluttaw representatives or in other words one-fourth of the total number of Hluttaw representatives. Similarly, the number of Tatmadawmen Hluttaw members in Division Hluttaws and State Hluttaws should be one-third of the number of elected Hluttaw representatives or one-fourth of the total number of Hluttaw representatives.

Esteemed Chairman,

A basic principle has been laid down in connection with the right of representatives of national races with appropriate population to participate in legislature and administration to be able to carry out the affairs of the national races concerned in respective divisions, states or self-administered areas. In order to be able to do this the State shall form a Commission and take steps.

Instead of the State forming a commission to enable the right of representatives of national races with appropriate population to participate in legislature and administration to be able to carry out the affairs of the national races concerned in the respective divisions, states and self-administered areas, if the delegates prescribe right away the population required by the respective national race to be able to become a representative of national races affairs, the national races will be satisfied.

Esteemed Chairman,

The six objectives of the National Convention will ever be flourishing if all national races cooperate and act in unison towards perpetual solidarity of national unity.

When it comes to considering designation of the national race who has an appropriate size of population, we have to base on its number. Immigration and Manpower Department has compiled population data of various national races. Instead of forming a commission, using the data of the department will make it easier for obtaining a list containing national races who have appropriate sizes of population and thus representatives of the eligible national races will have to participate in the respective region, state and self-administered area legislations and administrations to manage their national races' affairs soon. Together with the delegates, all their national races will also be greatly satisfied with this.

Regarding the above matter, I will continue to explain how an appropriate population should be designated for the national races. Some national races reside together on the same stretches of land in the respective region or state but some are scattered in various townships. Some national races will be qualified for getting self-administered areas. For national races who, despite having appropriate sizes of population, are scattered in a region or state and do not get a region or a state or a self-administered area, each of them will have the right to represent at the respective region, state or self-administered area's legislation and administration to manage affairs of their own nationals.

Esteemed Chairman,

Our country's population is about 44 million. Just as we have to take steps on the one hand to enable the national races having appropriate sizes of population to broadly participate in the respective region or state legislation and administration, we also have to consider on the other that there should not be unnecessarily large number of representation. A national race having 0.1 per cent of the 44 million should have the right to representation in the respective region or state or self-administered area legislation and administration. In other words, the eligible size of population is about 44,000 calculated on 0.1 per cent of the national population.

Esteemed Chairman,

If basic principles are to be laid down, aimed at further consolidation of national unity, national races having the right to representation, according to the present national population, in each region or state's legislation and administration are:

- In Kachin State -- Bamar and Shan national races,

- In Kayah State -- Bamar national race,

- In Kayin State -- Pa-O, Bamar and Mon national races,

- In Sagaing Region -- Chin and Shan national races,

- In Tanintharyi Region -- Kayin national race,

- In Bago Region -- Kayin national race,

- In Magway Region -- Chin national race,

- In Mandalay Region -- Shan national race,

- In Mon State -- Kayin, Pa-O and Bamar national races,

- In Rakine State -- Chin national race,

- In Yangon Region -- Kayin and Rakhine national races,

- In Shan State -- Kachin, Kayan, Bamar, Lisu, Lahu, Akha and Inntha national races,

- In Ayeyarwady Region -- Kayin and Rakhine national races.

It is found there is no other national race in Chin State that has an appropriate size of population for the participation.

National races having populations in accordance with the qualification thus to be prescribed will have the right to participation of their representatives for their national races affairs. If national races with less-than-44,000 populations wish to present their affairs to their region Hluttaw or state Hluttaw concerned, they can do so through the region Hluttaw or state Hluttaw representatives elected from their constituencies.

Laying down basic principles thus will further consolidate national unity which is our objective.

So, regarding formation of region or state Hluttaws, it is to be laid down as a specific basic principle--

-- The region or state Hluttaw shall be constituted with representatives as follows--

(a) Two region or state Hluttaw representatives each elected from townships in the respective region or state,

(b) In the region, one region Hluttaw representative each for national races having 0.1 per cent or above of the national population, other than the national races who have already got that region or self-administered areas in that region,

(c) In the state, one state Hluttaw representative each of national races having populations of 0.1 per cent or above of the national population, other than the national races who have already got that state or self-administered areas in that state,

(d) Region or state Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services the number of which is equal to one-third of the total number of Hluttaw representatives elected under sub-para (a), (b) and (c).

[Region/State Hluttaw Acting Chairman]

Esteemed Chairman,

When the first session of the first term of region or state Hluttaw is convened, it will become necessary to elect and acting chairman to enable the Hluttaw representatives to take the oath of office before the chairman and to preside over the session which is held for electing region or state Hluttaw chairman and vice-chairman.

So, regarding election of the region or state Hluttaw acting chairman, it should be laid down as specific basic principles that--

1. When the first session of the first region or state Hluttaw of a region/state is convened, a region or state Hluttaw representative shall be elected as acting chairman.

2. The acting chairman shall take oath before the region or state Hluttaw.

3. The acting chairman shall preside over the region or state Hluttaw session until the region or state Hluttaw chairman and vice-chairman have been elected.

[Region/State Chairman & Vice-chairman]

Esteemed Chairman,

Region or State Hluttaw representatives are to play and important role inclusive of legislation for their region or state within rights vested in them by the Constitution. As these Hluttaws have to discuss affairs prescribed in the Constitution and pass decisions on them, it will become necessary to have a chairman, and a vice-chairman to support the chairman.

So, regarding elections of the region Hluttaw or the state Hluttaw, it should be laid down as specific basic principles that--

(1) In the region or state Hluttaw,

(a) Region or state Hluttaw representatives shall elect respective region or state Hluttaw chairman and vice-chairman from among themselves.

(b) If the post of chairman or vice-chairman falls vacant, it shall be substituted by election at the next Hluttaw session.

(c) If the chairman becomes incapacitated, the vice-chairman shall temporarily perform the chairman's duties.

(2) Methods for election of region or state Hluttaw chairman and vice-chairman shall be prescribed by enacting law.

Esteemed Chairman,

As regards the term of office of the chairman and the vice-chairman of a region or a state Hluttaw, they should have to hold office until the first session of the next term of the Hluttaw is convened to be able to supervise and perform the duties of the Hluttaw. However, the chairman or the vice-chairman of a region or a state Hluttaw should be suspended in the event of his resignation, or cessation from being a Hluttaw representative, or having no right to continue as a Hluttaw representative, or being revoked by the Hluttaw, or his death.

As such, in connection with the term of office and cessation of duty of the chairman and the vice-chairman of a region or a state Hluttaw, the specific fundamental principle should be laid down as follows:

1. The chairman and the vice-chairman of a region or a state Hluttaw shall hold office until the first day of the first session of the next h shall hold office until the first day of the first session of the next Hluttaw.

2. The chairman or the vice-chairman of a region or state Hluttaw shall have been suspended from his office in the event of his resignation, or cessation from being a Hluttaw representative, or having no right to continue as a Hluttaw representative, or being revoked as Hluttaw representative by the Hluttaw, or his death.

Esteemed Chairman,

The chairman and the vice-chairman of a region or a state Hluttaw will be able to fulfil their duties properly only after their powers have been prescribed.

Therefore, in connection with prescribing the duties, powers and privileges of the chairman and vice-chairman of a region or a state Hluttaw, the detailed fundamental principle should be laid down as follows:

-- The duties, powers and privileges of the chairman and the vice-chairman of a region or a state Hluttaw shall be prescribed by law.

In so doing, it is essential to prescribe the status and privileges to be in accord with the duties of the chairman and the vice-chairman of a region or a state Hluttaw. As there is the need to prescribe the privileges of the chairman and the vice-chairman in a special law if the National Convention delegates are to discuss to lay down the fundamental principle with the main points, the law can be drafted with the inclusion of these points if and when necessary. As such, the delegates are to discuss whether or not to lay down the specific fundamental principle that the chairman of a region or state Hluttaw should hold the position equivalent to Pyidaungsu Wungyi (Union minister) level and the vice-chairman region or state minister level.

[Region/state Hluttaw Committees]

Esteemed Chairman,

If and when necessary, the region or the state Hluttaws are to form Hluttaw committees and organizations concerned to review legislation and national races affairs etc., as contained in the Constitution.

The detailed fundamental principle in connection with the region or the state Hluttaw committees and organizations should be laid down as follows:

1. The region or the state Hluttaw may, if and when necessary, constitute committees and organizations with the Hluttaw representatives concerned to review legislation and national races affairs etc., enshrined in the Constitution and to assist Hluttaw functions.

2. The region or the state Hluttaw may, if and when necessary, constitute the committees and the organizations with members inclusive of suitable citizens.

3. A committee shall be formed with the Tatmadawmen representative of the region or the state Hluttaw if there is reason to review and report on the Tatmadaw affairs in addition in addition to defence and security affairs in the region or the state.

4. The region or the state Hluttaw, in formation of committees and organizations, shall determine number of members, duties, powers, privileges and term of office.

[Region/state Hluttaw Term of Office]

I will continue on the term of office of the region or the state Hluttaw. After a general election, the Pyithu Hluttaw, the Amyotha Hluttaw, and the region and the state Hluttaws will have to be formed. Reviewing the experience of the past, it is estimated that the date of the first-day session of the Hluttaws may differ due to differing of date of completion of the election and difficult transport in some regions and states. However, the expiry date of the term of all Hluttaws should be the same. As such, the term of office of the region or state Hluttaws should be the same as the term of the Pyithu Hluttaw the way the term of the Amyotha Hluttaw is prescribed along with the term of the Pyithu Hluttaw. The term of office of the region or state Hluttaws should expire on the date on which the term of office of the Pyithu Hluttaw expires.

In connection with determining the term of office of the region or the state Hluttaw, a detailed fundamental principle should be laid down as follows:

-- The term of office of the region or the state Hluttaw is the same as that of the Pyithu Hluttaw. On the day the term of office of the Pyithu Hluttaw expires, that of the region or the state Hluttaw shall do also.

[Self-administered areas]

Esteemed Chairman,

In accord with the fundamental principles being laid down, the self-administered areas--the self-administered divisions or the self-administered zones--will be entitled to participate in the legislative functions within the power vested in them. It is believed that the work will be easy and quick if the representatives-elect of the region or the state and those of the executive committee cooperate to carry out the legislative functions as contained in the Constitution for their own self-administered area, instead of functioning the tasks for the self-administered division or the self-administered zone by separate committees. I will clarify the legislative functions of the self-administered areas--self-administered divisions and self-administered zones--when I continue on the executive functions of the self-administered areas.

[Legislator duties, powers, and privileges]

Esteemed Chairman,

The Pyithu Hluttaw, the Amyotha Hluttaw, and the region or the state Hluttaws have to be constituted with Hluttaw representatives stipulated in the Constitution. The duties and powers of Hluttaw representatives of these Hluttaws have to be determined in a separate law so as to enable them to carry out their tasks.

As regards determining the duties, powers and privileges of the representatives of the Pyithu Hluttaw, the Amyotha Hluttaw and the region and the state Hluttaw, the detailed fundamental principle should be laid down as follows:

-- The duties, powers and privileges of the representatives of the Pyithu Hluttaw, the Amyotha Hluttaw and the region and the state Hluttaws shall be prescribed by law.

[Qualifications of Pyithu Hluttaw members]

Esteemed Chairman,

I have clarified some detailed fundamental principles in connection with organization of legislative Hluttaws. I will continue on laying down the detailed fundamental principle in connection with the qualifications of the representatives of these Hluttaws. First, I will clarify the points to be considered for prescribing the qualifications of the Hluttaw representatives.

The age-limit for a Hluttaw representative is minimum 21 years in the 1947 Constitution and 28 in the 1974 Constitution.

It was prescribed in the Multiparty Democracy General Election Law promulgated in 1989 that persons who have completed the age of 21 and who are not contrary to the provisions of the law can stand for election as Pyithu Hluttaw representatives.

The Pyithu Hluttaw will promulgate necessary laws for the nation and carry out duties as assigned to it by the Constitution in accordance with laws and rules. Pyithu Hluttaw representatives who have to undertake important duties of the State should be experienced and knowledgeable persons.

It is observed that persons who have completed the age of 25 years are believed to be experienced and knowledgeable and so they are expected to forward good advice and suggestions in dealing with the affairs of the State and introducing laws. So, a basic principle should be laid down in specific detail prescribing the minimum age limit for a Pyithu Hluttaw representative as 25 years.

Esteemed Chairman,

The matter of Pyithu Hluttaw representatives and their citizenship will be clarified. Article 76(1) of the 1947 Constitution provides: 'Every citizen, who has completed the age of 21 years and who is not placed under any disability or incapacity by that constitution or by law, shall be eligible for membership of the Parliament'. Because of that provision, foreigners who had become naturalized citizens stood for election for membership of the then Parliament. The 1974 Constitution prescribes that persons who are citizens born of parents both of whom are also citizens are to stand for election in order to prevent such cases from arising.

The Pyithu Hluttaw and the Amyotha Hluttaw are the highest bodies in our country to exercise legislative power. These organizations should be constituted with Hluttaw representatives who are citizens born of parents both of whom are also citizens.

So, a basic principle should be laid down in specific detail that persons standing for election as Pyithu Hluttaw representatives shall be citizens born of parents both of whom are also citizens.

Esteemed Chairman,

A person who is going to stand for election as Pyithu Hluttaw representative should keep himself continuously informed of the country's political, economic, administrative and social developments. So, the person should have resided in the country continuously for at least ten years. Moreover, he should have met the qualifications prescribed in the election law.

So, in connection with prescribing the qualifications of the Pyithu Hluttaw representative principles should be laid down in specific detail as follows:

-- Persons having the following qualifications are eligible to stand for election as Pyithu Hluttaw representatives:

(a) Having attained the age of 25 years;

(b) being a citizen born of parents both of whom are also citizens;

(c) being a person who as resided in the country continuously for at least ten years;

(d) having met the qualifications prescribed in the election law.

[Hluttaw Disqualifications]

Esteemed Chairman,

In presenting matters in connection with the laying down of basic principles on prescribing the qualifications of Pyithu Hluttaw representatives it is necessary to present matters in connection with the laying down of precise basic principles who are not entitled to stand for election as Pyithu Hluttaw representatives. As the kind of persons who are not entitled to stand for election is quite obvious it will not be clarified but only the precise basic principles which will be laid down will be presented.

Therefore, a precise basic principle on those who are not entitled to stand for election as Pyithu Hluttaw representatives should be laid down as follows:--

-- The following persons are not entitled to stand for election as Pyithu Hluttaw representatives:--

(a) persons serving prison terms, having been convicted under sentence of a court for any offence;

(b) whether before or after the commencement of the Constitution, a persons who has been convicted of offence ceases to be entitled to stand for election as Pyithu Hluttaw representative unless such a period prescribed by the authorities concerned has elapsed;

(c) persons adjudged to be of unsound mind as provided for in the relevant law;

(d) an undischarged bankrupt person;

(e) persons who are under any acknowledgement of allegiance or adherence to a foreign power, or a subject or a citizen of a foreign power;

(f) persons who are subjects of a foreign power, a citizen of a foreign power or entitled to the rights and privileges;

(g) individuals or members of organization who obtain and make use of money, property, other assistance from the government or religious organizations or any other organizations of a foreign country directly or indirectly;

(h) individuals or members of an organization who, for political purposes, use religion as an excuse, and utter, deliver speeches and make declarations to vote and who encourage and incite such acts;

(i) members of a religious order;

(j) civil service personnel;

(k) individuals or members of organization who obtain and make use of State fund, building, vehicles or property directly or indirectly;

Proviso:

(1) the expression State fund does not include pension or the official monetary support system given by the State for services rendered for the benefit of the State;

(2) the expression building, vehicle, property belonging to the State does not include buildings and apartments belonging to the State which have been used under any existing law or rented from the State; aircraft, train, vessels and motor cars belonging to the State which have been hired on charges from the State;

(l) whether before or after the commencement of the Constitution a person found to be guilty of offence or corrupt or illegal practice relating to elections or failed to have abided by the election law and thus entailing disqualification for election as Pyithu Hluttaw representative unless a period has elapsed as may be specified by the authorities concerned.

[Tatmadaw Pyithu Hluttaw members]

Tatmadawmen Pyithu Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services also possess the qualifications prescribed for Pyithu Hluttaw representatives.

So, regarding the qualifications of the Tatmadaw member Hluttaw representatives, it should be laid down as a specific basic principle that --

-- Tatmadaw member representatives nominated by the Commander-in-Chief of the Defence Services as Pyithu Hluttaw representative shall possess qualifications prescribed for Pyithu Hluttaw representatives.

[Qualifications of Amyotha Hluttaw members]

Esteemed Chairman,

I have clarified qualifications of Pyithu Hluttaw representatives and persons who do not have the right to stand as Pyithu Hluttaw representatives. In my clarification that the age of a person elected Pyithu Hluttaw representative should be prescribed as 25, there is a factor for emergence of new youth generations who will be taking over State duties in future. In prescribing the age of Amyotha Hluttaw representatives, it is to be considered that they should be persons who are well acquainted with political, economic, administrative and social affairs of the State and be mature in experience. So, Amyotha Hluttaw should be persons who have fully attained the age of 30.

Moreover, Amyotha Hluttaw representatives must possess qualifications prescribed for persons who will stand for election as Pyithu Hluttaw and should not be disqualified under any of the conditions concerning persons who have no right to stand for election.

So, regarding the designation of qualifications of Amyotha Hluttaw representatives, it should be laid down as a specific basic principle that --

-- Amyotha Hluttaw representatives

(a) shall have completed 30 years of age,

(b) shall possess qualifications, apart from the age limit, prescribed for standing for election as Pyithu Hluttaw representatives,

(c) shall be subject to provisions which deny the right to stand for election as Pyithu Hluttaw representatives.

[Tatmadaw Amyotha Hluttaw members]

Tatmadaw member Hluttaw representative nominated by the Commander-in-Chief of the Defence Services as Amyotha Hluttaw representatives should be persons who have qualifications prescribed for Amyotha Hluttaw representatives.

So, regarding the qualifications of Tatmadaw member Amyotha Hluttaw representatives, it should be laid down as a specific basic principle that --

-- Tatmadaw member representative nominated by the Commander-in-Chief of the Defence Services as Amyotha Hluttaw representatives shall possess qualifications prescribed for Amyotha Hluttaw representatives.

[Qualifications of Region/State Hluttaw members]

Prescribing qualifications of region or state Hluttaw representatives will now be clarified. Exercising the rights empowered by the Constitution, region or state Hluttaws will have to discharge duties mainly legislative matters concerning the regions or states concerned. Region or state representatives, like Pyithu Hluttaw representatives, should be experienced and knowledgeable persons.

So, in connection with qualifications of the region or state Hluttaw representatives basic principles should be laid down in specific detail as follows:

-- Region or state Hluttaw representatives--

(a) shall possess qualifications required of Pyithu Hluttaw representatives;

(b) shall be subject to provisions denying the right to stand for election as Pyithu Hluttaw representatives.

[Region/state Hluttaw Tatmadaw members]

Tatmadaw member representatives nominated by the Commander-in-Chief of the Defence Services to the region or state Hluttaws should possess qualifications prescribed for the region or state Hluttaw representatives.

So, in connection with qualifications of the Tatmadaw member representatives a basic principle should be laid down in specific detail as follows:

-- Tatmadaw member region or state Hluttaw representatives nominated as such by the Commander-in-Chief of Defence Services shall possess qualifications prescribed for the region or state Hluttaw representatives.

[

National Executive

I have clarified legislative organization. Now I will continue to clarify executive organization. (NLM 9/4)

Esteemed Chairman,

The studies of the National Convention Convening Work Committee in connection with executive organization to be included in the chapter 'The Executive' will now be clarified.

Some of the basic principles already laid down by the National Convention are as follows:

-- the head of the executive is the President of the State;

-- the executive power of the State is distributed among the administrative organs of Pyidaungsu, regions and states;

-- self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution;

-- Pyidaungsu, regions, states, self-administered areas and districts' executive organs include Tatmadaw member representatives nominated by the Commander-in-Chief of Defence Services to undertake responsibilities of the defence, security, border administration, etc.;

-- for national races of which representatives are so permitted to participate in legislatures of regions, states or self-administered areas, representatives are to be permitted to participate mainly to undertake their national race affairs.

Basic principles are to be laid down in specific detail in connection with organization of executive affairs based on those principles.

In accordance with the basic principle 'the executive power of the State is distributed among the administrative organs of Pyidaungsu, regions and states' already laid down, the Pyidaungsu government and the respective governments in every region and every state are to be formed so that the executive power of the State can be distributed among them.

First, organization of the Pyidaungsu government will be clarified. In accordance with the basic principle 'the head of the executive is the President of the State' the Pyidaungsu government is to be led by the President of the State. Vice-Presidents will be included in the Pyidaungsu government to assist the President of the State. The President of the State is to appoint members of the government and assign duties to them so that powers distributed and vested can be executed. Members of the government should be called 'Pyidaungsu (Union) Ministers' to make a clear reference of the basic principle. 'The State shall be known as the Pyidaungsu Thamada Naing-Ngan-Daw (Republic of the Union)' already laid down. Moreover, the Attorney-General of the State or the term intended to be revised--the Attorney-General of the Union--should be a member of the government for consultations to offer legal advice when the occasion arises. So, the Union government should be formed with the President of the State, Vice-Presidents, Union ministers and the Attorney-General of the Union.

[Appointment and qualifications of Ministers]

The President of the State being the head of the executive shall have the right to designate Union Ministries as necessary considering the general conditions of the country such as security, maintenance of law and order, economic, social and transportation fields. Moreover, he should have the right to allocate the number of Union ministers that should be included in forming the Union government.

The President of the State is to select, appoint and assign duties to Union Ministers. There should be qualifications for selecting Union ministers so that examinations can duly be made. A Union minister should be a person who has attained the age of 40 years, other than the age limit, he should possess qualifications prescribed for Pyithu Hluttaw representatives. Moreover, he should be loyal to the State and citizens.

So, in connection with formation of the Union government the following basic principles should be laid down in specific detail:

1. the Head of State is the President of the State;

2. (a) the executive power of the State is distributed among the Pyidaungsu, regions and states;

(b) self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution;

3. The Pyidaungsu government of the State shall be formed with the following persons:

(a) the President of the State;

(b) Vice-Presidents;

(c) Union ministers;

(d) the Attorney-General of the Union;

4. The President of the State shall--

(a) designate the Union government ministries as necessary. Moreover, he can make changes in and additions to the designated ministries;

(b) allocate the number of Union Ministers as necessary. Moreover, he can increase or decrease the allocated number.

5. Union Ministers shall possess the following qualifications:

(a) they must have attained the age of 40 years;

(b) they shall possess qualifications prescribed for Pyithu Hluttaw representatives except for the age limit.

[Hluttaw ratification of Ministers]

Esteemed Chairman,

It is observed that in certain countries the President of the State who is the head of the executive of the State appoints ministers with no consultation with and without seeking the approval of any person or any organization. In certain countries, however, the President of the State appoints ministers after obtaining the approval of the Hluttaw. In the constitution to be written, the President of the State should adopt the method of appointing the Union Ministers after obtaining the approval of the Pyidaungsu Hluttaw.

So, the President of the State in appointing the Union ministers should have the right to select from among the Hluttaw representatives or non-Hluttaw representatives suitable persons who possess prescribed qualifications. The President of the State is thus permitted to select from among non-Hluttaw representatives to provide him an access to select and appoint experienced intellectuals and intelligentsia concerned if necessary. In accordance with the principle 'Pyidaungsu, regions, states, self-administered areas and districts' executive organs include Tatmadaw member representatives nominated by the Commander-in-Chief of Defence Services to undertake responsibilities for the defence, security, border administration, etc.' which has already been laid down, the President of the State is to obtain the nominated list of Tatmadaw members from the Commander-in-Chief of Defence Services in order that he may appoint ministers for defence, security/home affairs and border affairs. The Commander-in-Chief of Defence Services himself is to nominate only those who possess qualifications prescribed for the Union ministers.

The President of the State is to prepare the consolidated list of persons he has selected and that of Tatmadaw members obtained from the Commander-in-Chief of Defence Services for appointing Union ministers, submit them to the Pyidaungsu Hluttaw and seek its approval. When the approval is sought, it should be stipulated that the Pyidaungsu Hluttaw has no right to refuse a person or persons submitted for the appointment of Union ministers unless it can prove the person or persons concerned do not possess qualifications prescribed for the Union Ministers.

The President of the State is to appoint the Union Ministers after the Pyidaungsu Hluttaw has replied that it approved the persons contained in the list submitted by him. If the Pyidaungsu Hluttaw replies that it does not approve the person or persons in the list submitted by the President of the State he should have the right to submit the list furnished with new names and seek the approval of the Pyidaungsu Hluttaw again.

In appointing the Union Ministers, the President of the State is to allocate the ministry or ministries which each Union minister is to take charge.

The President of the State should have the right to consult with the Commander-in-Chief of Defence Services if he desires to appoint Tatmadaw members as ministers for the ministries other than defence, security/home affairs and border affairs in the interest of the nation.

It should be stipulated requiring the President of the State to inform the Pyidaungsu Hluttaw when he appoints the Union Ministers.

As the Union Ministers have been appointed by the President of the State, it should be stipulated that they shall be directly responsible to the President of the State.

So, in connection with the appointment of Union Ministers basic principles should be laid down in specific detail as follows:

1. the President of the Union shall appoint Union ministers--

(a) he shall select suitable persons who possess prescribed qualifications from among the Hluttaw representatives or non-Hluttaw representatives;

(b) he shall obtain the list of suitable Tatmadaw members from the Commander-in-Chief of Defence Services for the ministries of defence, security/home affairs and border affairs;

2. the President of the State is to prepare together the list of persons he has selected and that of Tatmadaw members obtained from the Commander-in-Chief of Defence Services, submit them to the Pyidaungsu Hluttaw and seek its approval;

3. Pyidaungsu Hluttaw has no right to refuse a person or persons contained in the list thus submitted for the appointment of Union Ministers unless it can prove the person or persons concerned do not possess qualifications prescribed for the Union Ministers;

4. the President of the State has the right to submit again the list furnished with new name replacing the one which has not been approved by the Pyidaungsu Hluttaw for the appointment of the Union Minister;

5. the President of the State shall appoint persons approved by the Pyidaungsu Hluttaw as Union Ministers; in appointing them the President of the State is to allocate the ministry or ministries which each Union Minister is to take charge.

6. the President of the State shall consult with the Commander-in-Chief of Defence Services if he desires to appoint Tatmadaw members as ministers for the ministries other than defence, security/home affairs and border affairs in the national interest;

7. the President of the State shall inform the Pyidaungsu Hluttaw whenever he appoints the Union Ministers;

8. the Union ministers shall be directly responsible to the President of the State.

[Impeachment of Ministers]

Esteemed Chairman,

Any Pyidaungsu (Union) Minister can be subject to impeachment for treason, violation of the Constitution, misconduct and declared disqualified as Union Minister according to the Constitution.

If any Union Minister is impeached, it should proceed in accordance with the basic principle prescribed under the Constitution for impeachment of the President. When the Hluttaw which has investigated or the Hluttaw which has ordered the investigation to be made informs that the charge has been sustained and that the Union Minister is not fit to remain in office, the President shall remove him from office.

When the Hluttaw concerned decides that the charge is to be refuted then the Chairman of the Hluttaw concerned is to inform the President.

Hence, in connection with the impeachment of any Union Minister precise basic principles should be laid down as follows:--

1. any Union Minister shall be impeached for one of the following reasons:--

(a) treason;

(b) violation of the Constitution;

(c) misconduct;

(d) being disqualified for Union Minister under the Constitution;

2. when any Union Minister is impeached the procedures for impeachment of the President or the Vice-President in accordance with the provisions of the Constitution shall be used;

3. when the charge against any Union Minister who is impeached is maintained and is disqualified as a Union Minister, the Hluttaw concerned is to inform the President and the President shall remove the Union Minister from office;

4. If the Hluttaw concerned decides that the charge has been refuted, the chairman of the Hluttaw is to inform the President.

[Deputy Ministers]

Esteemed Chairman,

The President shall have the right to choose, appoint and assign duties as Deputy Ministers to assist Union Ministers, according to his own wish, any Hluttaw representatives or any suitable persons who are not Hluttaw representatives. Deputy Ministers must have attained the age of 35. With the exception of age limit, they must have the qualifications prescribed for Hluttaw representatives. Those who have been assigned duties as Deputy Ministers must be loyal to the State and the citizens.

If Deputy Ministers for defence, security/home affairs and border affairs are to be appointed and assigned duties, then the President is to ask for the nomination from the Commander-in-Chief of the Defence Services. Moreover, if Tatmadaw members are to be appointed as Deputy Ministers of other Ministries, then the President is to coordinate with the Commander-in-Chief of the Defence Services and take necessary steps.

The President, on appointing and assigning duties to Deputy Ministers, must nominate the Ministries concerned. The Deputy Ministers, through the respective Union Minister, are responsible to the President.

Therefore, precise basic principles must be laid down in connection with the appointment and assigning of duties of Deputy Ministers as follows:--

1. the President shall have the right to choose, appoint and assign duties to Deputy Ministers to assist the Union Ministers, from any Hluttaw representatives or any person who is not a Hluttaw representative, who have the following qualifications:--

(a) must be persons who have attained 35 years of age;

(b) with the exception of age limit, all who have the qualifications prescribed for Hluttaw representatives;

(c) must be loyal to the State and the citizens;

2. If the President is to appoint and assign duties to Deputy Ministers for defence, security/home affairs and border affairs, the President shall ask for the nomination from the Commander-in-Chief of the Defence Services and then appoint them;

3. the President, in appointing and assigning duties to Tatmadaw members as Deputy Ministers to other ministries in addition to defence, security/home affairs and border affairs, shall coordinate with the Commander-in-Chief of the Defence Services and take steps;

4. the President, in appointing and assigning duties to Deputy Ministers shall nominate the ministries concerned;

5. the Deputy Ministers, through the respective Union Ministers, shall be responsible to the President.

[Ministers' terms, resignations, and conflicts of interest]

Esteemed Chairman,

The term of office of Union Ministers and Deputy Ministers must be the same as that of the President. If the Union Minister and Deputy Minister wish to resign on their volition before the expiry date of their term of office, they will be permitted to resign only after submitting a letter of resignation to the President.

The President has the right to order the resignation of any Union Minister or Deputy Minister if they are unable to perform the duties assigned to them. If they fail to comply with the order then they can be removed from office. If such a person is a Tatmadawman, then the President is to coordinate with the Commander-in-Chief of the Defence Services.

If the post of Union Minister or Deputy Minister falls vacant due to resignation, removal from office, death or any other reason, the President has the right to appoint and assign duties to a new Union Minister or Deputy Minister in accordance with the provisions of the Constitution. The term of office of such Union Minister and Deputy Minister should be the same as the remaining term of office of the President.

In accordance with the basic principle laid down "the three branches of State power, namely, legislative, executive and judicial powers are separated as much as possible and exert reciprocal control, check and balance among themselves", it should be prescribed that if the Union Minister or Deputy Minister is a representative of one of the Hluttaws, then it is to be assumed that he has to resign as a Hluttaw representative from the day he is appointed Union Minister or Deputy Minister.

It is also considered that if the Union Minister or Deputy Minister is a civil servant, it is not appropriate for him to resume duties in his own office or any Government office. Hence, it is to be prescribed that from the day they are appointed Union Minister or Deputy Ministers, it is to be assumed that he has retired from civil service or accordance with civil service rules and regulations.

The Union Minister or Deputy Minister must work in the interest of the State and the public. Therefore, a provision should be included that if they happen to be members of a political party, they should not take part in party activities of that party organization from the date they are appointed and assigned duties up to the end of the term of office.

The duties, rights and privileges of Union Ministers and Deputy Ministers are to be prescribed by law.

Therefore, detailed basic principles on the term of office, resignation, removal from office and replacement of Union Ministers and Deputy Ministers should be laid down as follows:--

1. the term of office of Union Minister and Deputy Ministers shall generally be the same as the term of office of the President;

2. if the Union Minister or Deputy Minister desires to resign from office of his own volition due to a certain reason before the expiry of the term of office, then he shall do so only after tendering his written resignation to the President;

3. the President shall--

(a) have the right to order the resignation of a Union Minister or Deputy Minister, who has failed to discharge his duties, and can remove him from office if he fails to comply with the order;

(b) coordinate with the Commander-in-Chief of the Defence Services and take steps if the Union Minister or Deputy Minister against whom action is to be taken is a Tatmadawman who is appointed with the nomination of the Commander-in-Chief of the Defence Services;

4. if the post of Union Minister or Deputy Minister falls vacant due to resignation, removal from office, death or any reason, the President shall have the right to appoint and assign duties to a new Union Minister or Deputy Minister in accordance with the provisions of the Constitution. The term of office of the newly appointed Union Minister or Deputy Minister shall be the same as the remaining term of the President;

5. if the Union Minister or Deputy Minister is a representative of a Hluttaw, it is to be assumed that he has resigned as a Hluttaw representative from the date he is appointed Union Minister or Deputy Minister;

6. if the Union Minister or Deputy Minister is civil servant, then it is to be assumed that he has resigned as a civil servant according to the civil service rules and regulations from the date he is appointed Union Minister or Deputy Minister;

7. if the Union Minister or Deputy Minister is a member of a political party, then he shall refrain from participating in party activities during the term of office from the date he is appointed as Union Minister or Deputy Minister;

8. the duties, rights and privileges of Union Ministers and Deputy Ministers shall be prescribed by law.

[Attorney-General]

Esteemed Chairman,

I will go on to explain appointment of Pyidaungsu (Union) Attorney-General and assignment of his duties. A basic principle has already been laid down that 'The Head of State is the President of the State". It is of the opinion that the term 'Naing-ngan-daw' (State) should be used together only with the President. So, instead of using onward such terms as Naing-ngan-daw Attorney-General, Naing-ngan-daw Auditor-General etc. as in the 1947 Constitution, I would like to propose that Pyidaungsu (Union) Attorney-General be used instead of 'Naing-ngan-daw Attorney-General" and 'Pyidaungsu (Union) Auditor-General' instead of 'Naing-ngan-daw Auditor-General' in the Constitution to be drawn up so that it may suggest that they are concerned with, or in other words, represent the entire Pyidaungsu (Union).

The President of the State, after choosing a suitable person so as to get advice on legal matters and assign duties of a legal character, is to appoint him Pyidaungsu Attorney-General. The President should have the right to choose the person from among the Hluttaw representatives or non-Hluttaw representatives. After that, the nomination is to be sent to the Pyidaungsu Hluttaw for approval. It is needed for the person to be appointed Pyidaungsu Attorney-General to be mature in experience and so, he must have completed the age of 45. Apart from the age limit, he is also to possess qualifications prescribed for Pyithu Hluttaw representatives. Moreover, he should be a person who has been for at least five years a judge of the Tayar Hluttaw (High Court) or at least ten years a judicial personnel or a law personnel in a position not lower than the level of region or state or and advocate of the Tayar Hluttaw (High Court) of at least 20 years' standing or a person who is assumed by the President to be a legal expert of prominent repute. The Pyidaungsu Attorney-General must also be loyal to the State and the citizens.

It should also be prescribed that the Pyidaungsu Hluttaw does not have the right to reject the person nominated by the President to be appointed Pyidaungsu Attorney-General unless it can prove clearly that he is not qualified for being Pyidaungsu Attorney-General.

As clarified above, it should also be provided that Pyidaungsu Attorney-General be designated a member of the Pyidaungsu Government. The Pyidaungsu Attorney-General is to be responsible direct to the President of the State.

So, regarding appointment and assignment of duties of Pyidaungsu Attorney-General, it should be laid down as specific basic principles--

1. with the approval of the Pyidaungsu Hluttaw, the President of the State shall appoint a person, from among the Hluttaw representatives or persons who are not Hluttaw representatives, having the following qualifications, so as to get advice on legal matters and assign duties of a legal character.

(a) being a person who has completed 45 years of age,

(b) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives;

(c) being a person

(1) who has been for at least five years a judge of the Tayar Hluttaw (High Court), or

(2) who, if he is a judicial personnel or a law personnel, has been for at least ten years in a position not lower than region or state level, or

(3) who has been an advocate of the Tayar Hluttaw (High Court) of at least 20 years' standing, or

(4) who is assumed by the President to be a legal expert of prominent reputation,

(d) being a person who is loyal to the State and the citizens.

2. Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President to be appointed Pyidaungsu Attorney-General unless it can prove clearly that he is not qualified for being Pyidaungsu Attorney-General.

3. Pyidaungsu Attorney-General is a member of the Pyidaungsu Government.

4. Pyidaungsu Attorney-General is responsible direct to the President of the State.

[Impeachment of Attorney-General]

Esteemed Chairman,

In the same way Pyidaungsu Ministers can be impeached there should be the right to impeach Pyidaungsu Attorney-General for any of the following reasons-- treason, violation of the provisions in the Constitution, misconduct and being disqualified under the Constitution.

If it is desired to impeach Pyidaungsu Attorney-General, it should be done in accordance with the provisions regarding impeachment of the President of the State or the Vice-President. If the Hluttaw concerned, by which the charge has been investigated or caused to be investigated, submits that the charge has been sustained and the offence, [or] the subject [sic-- evidently should be "substance"] of the offence, is such as to render the Pyidaungsu Attorney-General unfit to continue in office, the President of the State is to terminate the Pyidaungsu Attorney-General from duties.

If the Hluttaw concerned decides that the charge has been refuted, Hluttaw Chairman is to report the decision to the President of the State.

So, regarding impeachment of Pyidaungsu Attorney-General, it should be laid down as specific basic principles--

1. Pyidaungsu Attorney-General shall be impeached for one of the following reasons:

(a) treason,

(b) violation of the provisions in the Constitution,

(c) misconduct,

(d) being disqualified for the post of Pyidaungsu Attorney-General under the Constitution.

2. If it is desired to impeach Pyidaungsu Attorney-General, it shall proceed in accordance with provisions regarding the impeachment of President of the State or Vice-President.

3. If the respective Hluttaw submits that the charge has been sustained and the offence or the substance of the offence, is such as to render the Pyidaungsu Attorney-General unfit to continue in office, the President of the State shall terminate the Pyidaungsu Attorney-General from duties.

4. If the respective Hluttaw decides that the charge has been refuted, the Hluttaw Chairman shall report the decision to the President of the State.

[Deputy Attorney-General]

Esteemed Chairman,

The President of the State should have the right to appoint, of his own volition, a suitable person from among Hluttaw representatives or non-Hluttaw representatives Deputy Attorney-General to support Pyidaungsu Attorney-General. To do so, the Deputy Attorney-General should be a person who has completed the age of 40. Apart from the age limit, he should also be a person having qualifications prescribed for Pyithu Hluttaw representatives. Moreover, he should be a person who has been for at least five years a judge of the Tayar Hluttaw (High Court) or for at least ten years a judicial personnel or a law personnel in a position not lower than the level of region or state or an advocate of the Tayar Hluttaw (High Court) of at least 15 years' standing or a person who is assumed by the President to be a legal expert of prominent reputation. The Deputy Attorney-General must also be a person who is loyal to the State and the citizens.

The Deputy Attorney-General is responsible through the Pyidaungsu Attorney-General to the President of the State.

So, it should be laid down as specific basic principles--

1. President of the State shall appoint of his own volition a person having the following qualifications from among Hluttaw representatives or persons who are not Hluttaw representatives Deputy Attorney-General to support Pyidaungsu Attorney-General:

(a) being a person who has completed the age of 40.

(b) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives.

(c) being a person

(1) who has been for at least five years a judge of Tayar Hluttaw (High Court), or

(2) who, if he is a judicial personnel or a law personnel, has been for at least ten years in a position not lower than region or state level,

(3) who has been an advocate of the Tayar Hluttaw (High Court) of at least 15 years' standing, or

(4) who is assumed by the President to be a legal expert of prominent reputation,

(d) being a person who is loyal to the State and the citizenry.

2. Deputy Attorney-General is responsible to the President of the State through the Pyidaungsu Attorney-General.

[Term, resignation, vacancy]

Esteemed Chairman,

The term of office of Pyidaungsu (Union) Attorney-General and Deputy Attorney-General should be the same as the tenure of office of the President of the State. If the Attorney-General or the Deputy Attorney-General wants to resign of his own accord before the expiry of his term of office, he should be allowed to do so after he has submitted his resignation to the President of the State.

The President of the State should have power to instruct the Attorney-General or the Deputy Attorney-General, who is incapable of performing duties properly, to resign. In failure to follow his instruction, the President should also have power to remove the Attorney-General or the Deputy Attorney-General from office.

If the post of the Attorney-General or the Deputy Attorney-General becomes vacant in the event of his resignation, or being removed from office, or his death, or other reasons, there is the need to fill the vacant post. The President, in accord with the provisions under the Constitution, have to appoint a new Attorney-General or Deputy Attorney-General. The remaining tenure of office of the President should be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General.

Like Pyidaungsu minister or deputy minister, if the Attorney-General or the Deputy Attorney-General who is a member of a Hluttaw should be deemed to have vacated his seat in that Hluttaw from the date he is appointed as the Attorney-General or the Deputy Attorney-General.

If the Attorney-General or the Deputy Attorney-General is a civil servant, it is of opinion that he should not discharge duties again in his own department or any governmental organization. As such, the Attorney-General or the Deputy Attorney-General should be deemed to have retired as a civil servant.

The Pyidaungsu Attorney-General or Deputy Attorney-General is entitled to perform duties in the interest of the State and the citizens. So, if he is a member of a political party, it should be prescribed to prevent him from performing duties of that party.

The duties, powers and privileges of Pyidaungsu Attorney-General or Deputy Attorney-General should be prescribed by law.

Regarding the term of office, resignation, termination of duties and filling the vacant post of the Pyidaungsu Attorney-General or Deputy Attorney-General, it should be laid down as basic specific principles that--

1. The term of office of the Pyidaungsu Attorney-General or Deputy Attorney-General in general shall be the same as that of the President of the State;

2. The Pyidaungsu Attorney-General or Deputy Attorney-General may resign of his own accord before the expiry date of the term of office after submitting his resignation to the President of the State;

3. The President of the State may instruct the Pyidaungsu Attorney-General or Deputy Attorney-General who cannot perform duties fully to resign, and shall have right to remove him from office in failure to follow the instruction;

4. The President of the State shall, if the post of the Pyidaungsu Attorney-General or Deputy Attorney-General becomes vacant in the event of resignation, or being removed from office, or death, or any reason, appoint a new Attorney-General or Deputy Attorney-General in accord with the provisions under the Constitution. The remaining tenure of office of the President of the State shall be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General;

5. If Pyidaungsu Attorney-General or Deputy Attorney-General is a representative of a Hluttaw, he shall be deemed to have vacated his seat in that Hluttaw from the date he is appointed the Attorney-General or the Deputy Attorney-General;

6. If the Pyidaungsu Attorney-General or Deputy Attorney-General is a civil servant, he shall be deemed to have retired in accord with the prevailing rules and regulations from the date he is appointed the Attorney-General or the Deputy Attorney-General;

7. If the Pyidaungsu Attorney-General or Deputy Attorney-General is a member of a political party, he shall not perform the duties of that party during his tenure of office from the date he is appointed the Attorney-General or the Deputy Attorney-General;

8. The duties, powers and privileges of the Pyidaungsu Attorney-General or Deputy Attorney-General shall be prescribed by law.

[Pyidaungsu Auditor-General]

Esteemed Chairman,

I will continue on appointment of the Pyidaungsu Auditor-General. I have already clarified to change the term 'Naing-ngan-daw Attorney-General' to 'Pyidaungsu (Union) Attorney-General'. Similarly, it is advised to change the name 'Naing-ngan-daw Auditor-General' to 'Pyidaungsu (Union) Auditor-General'.

An appropriate, qualified person to audit the accounts of the governmental organizations to be able to submit reports to the respective Hluttaws has to be chosen and appointed by the President of the State. In so doing, the President should have the right to choose from among Hluttaw or non-Hluttaw representatives and is to send the nomination of the Auditor-General to the Pyidaungsu Hluttaw for approval.

The person to be appointed to be the Pyidaungsu Auditor-General is essential to be mature in experience. As such, his age should be over 45. Apart from the age limit, he should have the qualifications prescribed for Hluttaw representatives. Moreover, he should have been for at least ten years an auditor not lower than the region or the state level, or at least 20 years a Registered Accountant or a Certified Public Accountant, or a person assumed by the President of the State to be a well-known statistician or economist for [sic] good reputation. It is also essential for the Auditor-General to be loyal to the State and the citizens.

If it cannot be proved that the person nominated by the President of the State does not possess the qualifications prescribed for the Auditor-General, it should be prescribed that the Pyidaungsu Hluttaw cannot reject the appointment of the Auditor-General. The Pyidaungsu Auditor-General is responsible direct to the President of the State.

In connection with the appointment of a Pyidaungsu Auditor-General, the basic principle should be laid down in specific detail as follows:

1. The President of the State shall appoint a person, having the following qualifications from among Hluttaw or non-Hluttaw representatives, as Pyidaungsu Auditor-General after seeking approval of the Pyidaungsu Hluttaw so as to enable him to audit the accounts of governmental organizations to be able to submit reports to the Pyithu Hluttaw and the Amyotha Hluttaw--

(a) being a person who has completed the age of 45,

(b) having qualifications, apart from the age limit, prescribed for Hluttaw representatives,

(c) being a person

(1) who has been for at least ten years an auditor not lower than the region or the state level, or

(2) who has been for at least twenty years a Registered Accountant or a Certified Public Accountant, or

(3) who is assumed by the President to be a well-known statistician or economist for good reputation;

(d) being a person who is loyal to the State and the citizens.

2. Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President to be appointed Pyidaungsu Auditor-General unless it can prove clearly that he is not qualified for being Pyidaungsu Auditor-General,

3. Pyidaungsu Auditor-General shall be responsible direct to the President.

[Impeachment of the Auditor-General]

Esteemed Chairman,

Just as the Pyidaungsu Ministers and the Pyidaungsu Attorney-General can be impeached, the Pyidaungsu Auditor-General can be impeached for any of the reasons-- treason, violation of the provisions of the Constitution, misconduct and being disqualified for the post of Pyidaungsu Auditor-General under the Constitution.

It should be prescribed that if it is desired to impeach the Pyidaungsu Auditor-General, it can be done so in accord with the provisions regarding impeachment of the President and the Vice-President of the State. If the Hluttaw concerned submits that the charge has been sustained and the offence, the subject of the offence is such as to render the Pyidaungsu Auditor-General unfit to continue in office, the President of the State is to remove the Pyidaungsu Auditor-General from office.

If the Hluttaw concerned decides that the charge has been refuted, h concerned decides that the charge has been refuted, Hluttaw Chairman is to report the decision to the President of the State.

As such, in connection with the impeachment of Pyidaungsu Auditor-General, the detailed fundamental principle should be laid down that--

1. Pyidaungsu Auditor-General shall be impeached for one of the following reasons:

(a) treason,

(b) violation of the provisions in the Constitution,

(c) misconduct,

(d) being disqualified for the post of Pyidaungsu Auditor-General under the Constitution;

2. If it is desired to impeach Pyidaungsu Auditor-General, it shall proceed in accord with provisions relating to the impeachment of the President and the Vice-President of the State;

3. If the Hluttaw concerned submits that the charge has been sustained and the offence, the subject of the offence, is such as to render the Pyidaungsu Auditor-General unfit to continue in office, the President of the State shall remove the Pyidaungsu Auditor-General from office;

4. If the Hluttaw concerned decides that the charge is refuted, the Hluttaw Chairman shall report the decision to the President of the State.

[Deputy Auditor-General]

The President of the State should have the right to select from among the Hluttaw representatives or non-Hluttaw representatives a suitable person and then appoint him Deputy Attorney-General to assist the Auditor-General of the Union. In so doing, the Deputy Attorney-General should have attained 40 years of age. Except the age limit, he should possess qualifications prescribed for the Pyithu Hluttaw representatives. Moreover, he should have served as auditor at not lower in rank than region or state level for at least ten years or as a Registered Accountant or Certified Public Accountant for at least 15 years or a person who the President of the State regards as a well-known statistician or economist for good reputation. The Deputy Attorney-General shall be loyal to the State and citizens.

[Civil Service Board]

Esteemed Chairman,

I will now clarify matters on formation of Pyidaungsu (Union) Civil Service Board. At present the duties of selection and training of civil service personnel and prescribing civil service rules and regulations are being carried out by the Civil Service Selection and Training Board. This board has been formed by promulgating a separate law.

In order to have uniformity in training and selecting civil service personnel of civil service organizations for the prescribed ranks, one of the central organizations is to take up this responsibility. In like manner the rules and regulations to be abided by the civil service personnel should not be different between regions and states but should have uniformity, a central organization should be assigned duties to prescribe and control. This duty should be assigned by forming the Union Civil Service Board. This Union Civil Service Board should not be one which is formed by promulgating a separate law like the present Civil Service Selection and Training Board, but which is formed according to the Constitution. It has been found in the Constitutions of some countries the provisions are made for forming Civil Service Boards.

Hence, there should be a provision included in the Constitution giving the President the right to form a Union Civil Service Board responsible for selecting and training civil service personnel and prescribing civil service rules and regulations. The President is to select and appoint suitable persons of his choice who have the prescribed qualifications for the chairman and members of the Union Civil Service Board. It is to be prescribed that the Union Civil Service Board is to be formed by appointing five to nine members, including the chairman.

Those who are appointed as chairman and members of the Union Civil Service Board should have a wide range of general knowledge. It is appropriate for them to have attained the age of 50. With the exception of age limit, they should have the same qualifications as those prescribed for Hluttaw representatives. Moreover, they should also be well-experienced intelligentsia and intellectuals. It is also necessary for them to be free from party politics and they should not be Hluttaw representatives.

The chairman and members of the Union Civil Service Board must be directly responsible to the President and at the same time their term of office should be the same as that of the President.

The duties, rights, privileges, resignation and removal from office of the chairman and members of the Union Civil Service Board should be prescribed by promulgating a law.

Therefore, a detailed basic principles [sic] should be laid in connection with the formation of the Union Civil Service Board as follows:--

1. the President shall form the Union Civil Service Board to perform the duties of selecting and training civil service personnel and to prescribe civil service rules and regulations.

2. the President shall have the right to appoint from five to nine members, inclusive of the chairman of the Union Civil Service Board and assign them duties;

3. the President shall have the right to appoint from five to nine members, inclusive of the chairman of the Union Civil Service Board [sic] and assign duties to those who have the following qualifications:--

(a) those who have attained the age of 50;

(b) with the exception of age limit, those who have the qualifications prescribed for Hluttaw representatives;

(c) well-experienced intelligentsia and intellectuals;

(d) those who are loyal to the State and citizens;

(e) those who are non-party members;

(f) those who are not Hluttaw representatives;

4. the chairman and members of the Union Civil Service Board should be directly responsible to the President;

5. the term of office of the chairman and members of the Union Civil Service Board shall generally be the same as the term of office of the President; and

6. the duties, rights, privileges, resignation and removal from office of the chairman and members of the Union Civil Service Board shall be prescribed by promulgating a law.

(NLM 9/5)

[

[Region/State governments]

Esteemed Chairman,

Continuing, I will explain formation of the region or state government. As I have said earlier, region governments are to be formed in each region and state governments in each state.

There must be a head and members in the region or state government. I would like to propose that the head of the

region or state be called 'Chief Minister of the Region or State' so that region or state governments will emerge in their clear formation and the Pyidaungsu (Union) characteristics will appear in a vivid shape when the new Constitution comes into force. Similarly, members of the region or state government should be called 'Ministers of the Region or State'.

In the same way as Pyidaungsu Attorney-General is included in the Pyidaungsu (Union) Government as a member, region or state Advocate-General should be included in the region or state government as a member. In the region or state, a different term, 'Advocate-General of the Region or State' should be used instead of Attorney-General in the Pyidaungsu (Union) level.

I would like to propose that the region or state government be constituted with the Chief Minister of the Region or State and Advocate-General of the Region or State. Depending on different situations and circumstances in regions or states, the President should have the right to stipulate as necessary the number of ministries for each region and state. He should also have the right to stipulate as necessary the number of Ministers to be appointed in each region or state government.

Persons appointed the region or state Chief Minister and Ministers should have completed at least 35 years of age. Apart from the age limit, they should possess qualifications prescribed for region or state Hluttaw representatives. Moreover, the region or state Chief Minister and Ministers should be persons who are loyal to the State and the citizens.

Self-administered division or self-administered zone chairmen are to be appointed Ministers of the respective region or state in suitable portfolios. Moreover, Hluttaw representatives who have been elected to manage affairs of their national races in the respective region or state are to be appointed Ministers of the region or state. It may perhaps be needed to relax their age limit from 35, which is designated for the Chief Minister and Ministers of the region or state. If it is so needed, permission to relax the age limit should also be provided as an exception in the Constitution.

First of all, the President is to choose a suitable person from among the respective Hluttaw representatives possessing prescribed qualifications so as to be able to appoint Chief Minister of the region or state. The nomination is to be sent to the respective region or state Hluttaw for approval. On receiving the approval, the nominee is to be appointed the Chief Minister of the region or state. It should be prescribed that the President is to choose the nominee from among the respective region or state Hluttaw representatives and does not have the right to choose from among non-Hluttaw representatives of the respective region or state.

It should also be provided that the respective region or state Hluttaw has no right to reject the Hluttaw representative, nominated by the President for appointment of Chief Minister of the region or state, unless it can clearly prove that the nominee does not have qualifications required of Chief Minister of the region or state.

So, regarding formation of the region or state government and appointment of the Chief Minister of the region or state, it should be laid down as specific basic principles:

1. The region government is formed in each region and the state government in each state.

2. The region or state government is formed with the following persons:

(a) Chief Minister of the region or state,

(b) Ministers of the region or state,

(c) advocate-general of the region or state.

3. The President shall--

(a) prescribe the number of ministries as necessary and in addition, change or increase the prescribed ministries,

(b) stipulate the number of Ministers of the respective division [sic] or state as necessary and in addition, increase or reduce the stipulated number.

4. The Chief Minister and Ministers of the region or state shall have the following qualifications:

(a) being a person who has completed 35 years of age,

(b) apart from the age limit, being a person possessing qualifications prescribed for region or state Hluttaw representatives,

(c) being a person who is loyal to the State and citizens.

5. To appoint the respective Chief Minister of the region or state, the President shall

(a) choose a suitable person from among the respective region or state Hluttaw representatives having prescribed qualifications.

(b) send the nomination to the respective region or state Hluttaw for approval.

6. The President shall appoint the Hluttaw representative approved by the respective region or state Hluttaw as the Chief Minister of the region or state.

7. The region or state Hluttaw does not have the right to reject the Hluttaw representative nominated by the President for appointment of Chief Minister unless it can clearly prove that the nominee is not qualified for Chief Ministership.

[Region/state Ministers]

Esteemed Chairman,

The Chief Minister of the region or state is to select by own will suitable persons from amongst those who possess prescribed qualifications from among members of region or state Hluttaw or from among non-members to appoint as region or state Ministers. He is to also act from the Commander-in-Chief of Defence Services a list of names of suitable Tatmadaw to assign security and border affairs responsibilities. Moreover, he is also to ask from the leading body of self-administered division or zone in the region or state a list of names of their chairmen to appoint as region or state Ministers. Likewise, he is to seek from the respective election commission a list of names of Hluttaw representatives elected to undertake national race affairs in the region or state.

The Chief Minister of the region or state is to compile the list of names of persons he has selected of his choice, and names of Tatmadaw members nominated by the Commander-in-Chief of Defence Services and submit it to the region or state Hluttaw and seek its approval.

It should be prescribed that the region or state Hluttaw has no right to reject the region or state Chief Minister's nominations for appointment as Ministers, unless it can show clear proof of want of qualifications prescribed for region or state Ministers.

The region or state Chief Minister is to submit to the President of the State to appoint as region or state Ministers persons approved by the region or state Hluttaw, chairmen of self-administered divisions or zones, and Hluttaw members elected to undertake national race affairs. The President of the State is to appoint them as region or state Ministers, and in so doing to assign specific portfolios for each of them.

The President of the State, in appointing region or state Ministers, is to appoint the chairmen of self-administered divisions or zones as Ministers for the respective self-administered divisions or zones. He is also to appoint the Hluttaw representatives elected to undertake national race affairs as Ministers for the national race affairs. It should also be prescribed that he may also appoint them concurrently in charge of other ministries as well.

The region or state Chief Minister, if desirous of assigning Tatmadaw members as region or state Ministers for other responsibilities in addition to security and border areas affairs responsibilities, shall act in coordination with the Commander-in-Chief of Defence Services. Moreover, he is also to obtain the approval of the respective region or state Hluttaw.

The President of the State is to send intimation of the appointments of the region or state Chief Minister and Ministers to the region or state Hluttaw and Union Hluttaw.

The region or state Chief Minister shall be directly responsible to the President of the State. The region or state Ministers, too, shall be responsible, through the region or state Chief Minister, to the President of the State.

The term of office of the region or state Chief Minister and Ministers shall normally be the same as that of the President of the State.

So, in connection with the appointment of region or state Ministers, it should be laid down as detailed basic principles that--

1. In order to appoint region or state Ministers, the region or state Chief Minister shall:

(a) select suitable persons from among those who possess prescribed qualifications from among the members of region or state Hluttaw or from among non-members,

(b) ask from the Commander-in-Chief of Defence Services a list of names of suitable Tatmadaw members to assign security and border affairs responsibilities,

(c) ask from the leading body of self-administered division or zone in the region or state a list of names of their chairmen to appoint as region or state Ministers,

(d) seek from the respective election commission a list of names of Hluttaw representatives elected to undertake national race affairs in the region or state.

2. The Chief Minister of the region or state is to compile the list of names of persons he has selected, and names of Tatmadaw members nominated by the Commander-in-Chief of Defence Services and submit it to the region or state Hluttaw and seek its approval.

3. The region or state Hluttaw shall have no right to reject the region or state Chief Minister's nominations for appointment as Ministers, unless it can show clear proof of want of qualifications prescribed for region or state Ministers.

4. The region or state Chief Minister is to submit to the President of the State to appoint as region or state Ministers persons approved by the region or state Hluttaw, chairmen of self-administered divisions or zones, and Hluttaw members elected to undertake national race affairs.

5. The President of the State is to appoint as region or state Ministers the persons submitted by the region or state Chief Minister. In so doing he is to assign portfolios to each in coordination with the Chief Minister.

6. The President of the State shall--

(a) assign to chairmen of self-administered division and zones who are region or state Ministers the responsibility of respective self-administered division or zone;

(b) assign Hluttaw representatives elected to undertake national race affairs who are region or state Ministers the responsibility for national race affairs.

7. The President of the State may exercise relaxation of stipulations in the State Constitution in appointing as region or state Ministers the chairmen of self-administered divisions or zones or the Hluttaw representatives elected to undertake race affairs in the regions or states.

8. The President of the State may appoint Ministers for self-administered divisions or zones and Ministers for national race affairs as Ministers concurrently in charge of other ministries as well.

9. The region or state Chief Minister, if desirous of assigning Tatmadaw members as region or state Ministers for other responsibilities in addition to security and border areas affairs responsibilities shall coordinate with the Commander-in-Chief of Defence Services, obtain the approval of the respective region or state Hluttaw, and submit it to the President of the State.

10. The President of the State is to send intimation of the appointments of region or state Chief Minister and Ministers to the region or state Hluttaw and Union Hluttaw.

11. (a) The region or state Chief Minister shall be directly responsible to the President of the State.

(b) the region or state Minister shall be responsible, through the region or state Chief Minister, to the President of the State.

12. The term of office of the region or state Chief Minister and Minister shall normally be the same as that of the President of the State.

[Impeachment of region/state Ministers]

Esteemed Chairman,

I will continue on impeachment of region or state Chief Minister or Minister.

It should be prescribed that region or state Chief Minister or Minister can be impeached for any of these reasons--treason, violation of the provisions in the Constitution, misconduct and being disqualified for the post of region or state Chief Minister or Minister.

It cannot be done in the same way as the President or the Vice-President of the State can be impeached as there is only one Hluttaw at region or state level whereas there are two Hluttaws at the Pyidaungsu level. There is the need to prescribe some other means.

If it is desired to impeach region or state Chief Minister or Minister for any of the above-mentioned offences, a proposal in writing signed by not less than one fourth of the total membership of the region or state Hluttaw is to be submitted to the Chairman of the Hluttaw concerned.

The Chairman of the Hluttaw concerned is to cause the charge to be investigated by a commission. In formation of the investigation commission, the Chairman of the Hluttaw should also determine the term pending the completion of the investigation depending on the magnitude of the charge so as not to delay the investigation.

The region or state Chief Minister or Minister should have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it.

Upon the results of the investigation submitted by the commission by which the charge against region or state Chief Minister or Minister is investigated, the Chairman of the Hluttaw concerned is to report to region or state Hluttaw. If a resolution is passed, supported by not less than two-thirds of the total membership of the Hluttaw concerned, declaring that the charge has been substantiated and that of the office, the subject of the charge, is such as to render region or state Chief Minister or Minister unfit to continue in office, the Chairman of that Hluttaw has to submit it to the President of the State. The President of the State should proceed to proclaim removal of the region or state Chief Minister or Minister.

If the Hluttaw concerned decides that the charge has been refuted, the Chairman of that Hluttaw is to report the decision to the President of the State.

As such, in connection with impeachment of a region or state Chief Minister or Minister, it should be laid down as basic specific principles that--

1. A region or state Chief Minister or Minister shall be impeached for any of the following

(a) treason,

(b) violation of the principles of the Constitution,

(c) misconduct, and

(d) being disqualified for the post of a region or state Chief Minister or Minister.

2. If it is desired to impeach a region or state Chief Minister or Minister for any of the above offences, a proposal in writing signed by not less than one-fourth of the total membership of the region or state Hluttaw shall be submitted to the Chairman of the Hluttaw concerned.

3. The Chairman of the Hluttaw concerned shall cause the charge to be investigated by a commission. The term pending the completion of the investigation shall be determined according to the magnitude of the charge.

4. The region or state Chief Minister or Minister shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it.

5. (a) The Chairman of the Hluttaw shall report to the region or state Hluttaw concerned the results of the investigation submitted to him by the investigation commission by which the charge against the region or state Chief Minister or Minister has been investigated, and then report to the President of the State if a resolution is passed, supported by not less than two-thirds of the total membership of the Hluttaw concerned, declaring that the charge has been substantiated and that of the offence, the subject of the charge, is such as to render region or state Chief Minister or Minister unfit to continue in office.

(b) The President of the State shall proceed to proclaim removal of the region or state Chief Minister or Minister.

(c) If the Hluttaw concerned decides that the charge against the region or state Chief Minister or Minister has been refuted, the Chairman of the Hluttaw concerned shall report the decision to the President of the State.

[Resignation, removal or vacancy]

Esteemed Chairman,

If a region or state Chief Minister or Minister wants to resign on his own volition or other reasons before the expiry of term of office, he should have the right to do so after submitting his resignation to the President of the State.

The President of the State should have the right to instruct the region or state Chief Minister or Minister, who is incapable of performing duties properly, to resign as well as to remove him from office in the event of failure to comply with is instruction. He has to coordinate with the Commander-in-Chief of Defence Services in so doing if the person is the Tatmadaw member nominated by the Commander-in-Chief of Defence Services.

If the post of the region or state Chief Minister or Minister becomes vacant in the event of resignation, or being removed from office, or death, or any reason, the President of the State should have the right to fill the vacancy in coordination with the region or state Hluttaw concerned. The remaining tenure of the President of the State should be prescribed for the term of office of the person appointed to the vacant post.

If the region or state Minister, in the same way as Pyidaungsu Ministers and Deputy Ministers, is a civil servant, he is deemed to have retired as the civil servant in accord with the prevailing rules and regulations from the date he is appointed as the region or state Minister.

The duties, powers and privileges of the region or state Chief Minister and Ministers are to be prescribed by law.

The head of the General Administration Department of the region or state concerned is to discharge duties as secretary of the government of that region or state. Moreover, the General Administration Department of the region or state must be the office of the government of that region or state.

Therefore, it should be laid down as specific basic principles in connection with resignation, removal from office and filling the vacant post of a region or state Chief Minister or Minister as follows:

1. If a region or state Chief Minister or Minister desires to resign on his own volition or any reason before the expiry of the term of office, he shall be permitted to do so after he has submitted his letter of resignation to the President of the State.

2. The President of the State shall

(a) instruct the region or state Chief Minister or Minister, who is incapable of performing duties properly, to resign, and proclaim removal from office in the event of failure to comply with his instruction.

(b) coordinate with the Commander-in-Chief of Defence Services if the person to resign or be removed from office is the Tatmadaw member nominated by the Commander-in-Chief of Defence Services.

3. If the post of the region or state Chief Minister or Minister becomes vacant in the event of resignation, or being removed from office, or death, or any reason, the President of the State shall take steps to fill the vacant post in accord with provisions of the Constitution in coordination with the region or state Hluttaw. The remaining tenure of the President of the State shall be prescribed for the term of office of the newly-appointed person.

4. If the region or state Minister is a civil servant, he shall be deemed to have retired from his position as civil servant in accord with the prevailing rules and regulations from the date he is appointed the region or state Minister.

5. The duties, powers and privileges of the region or state Chief Minister and Ministers shall be prescribed by law.

6. The head of the General Administration Department of the region or state concerned shall act as secretary of the government of the region or state concerned. Moreover, the General Administration Department of the region or state shall be office of the government of the region or state concerned.

[Region/state Advocate-General]

Esteemed Chairman,

The Chief Minister of region or state, in appointing Advocate-General of the respective region or state to obtain legal advice, is to select a person who has the prescribed qualifications, and must submit to and get the approval of the region or state Hluttaw concerned and then appoint and assign him. Those who are to be appointed Advocate-General of regions and states must be persons who have attained the age of 40 years. With the exception of age limit, they must have the qualifications prescribed for Hluttaw representatives. Moreover, if they are judicial officers or law officers their post should not be lower than at region or state levels and must have been at least five years of service in that post; or 10 years service in the post not lower than the district level; or if he is an advocate of Tayar Hluttaw (High Court) of at least 15 years' standing. The region or state Advocate-General must also be loyal to the State and the citizens.

If the President approves a nominee as Advocate-General of the region or state concerned then he is to be appointed as Advocate-General of the respective region or state. The President has no right to reject the nominee for the post of region or state Advocate-General unless he can prove clearly that the person concerned is not qualified for the post.

The Advocate[s]-General of the regions and states are members of the region or state Governments. Therefore, the region or state Advocate-General must be responsible to the President through the Chief Ministers of the respective regions or states. If there is reason to impeach the Advocate-General of regions or states, it should be done so in accordance with the provisions regarding the impeachment of Chief Ministers or Ministers of the regions or states.

In connection with the resignation, removal from office, appointment for vacant post and assuming to have retired in the case of a civil servant, the provisions of the Constitution laid down for Chief Ministers and Ministers must be applied for the Advocate-General of the regions and states.

The duties, rights and privileges of Advocate-Generals of regions and states are to be prescribed by promulgation of a law.

Therefore, in connection with the appointment and assigning duties to Advocate-General of regions and states, specific basic principles should be laid down as follows:--

1. The Chief Minister of region or state, shall get the approval of the region or state Hluttaw in appointing and assigning duties to a person having the following qualifications as region or state Advocate-General in order to get legal advice and assign duties of a legal character and submit to the President:--

(a) who has attained the age of 40 years;

(b) with the exception of age limit, having the qualifications prescribed for region or state Hluttaw representatives.

(c) (1) for judicial officer or law officer they must have served in the post not lower than region or state level, for at least five years, or in the post not lower than district level for at least ten years;

(2) for Advocates of the Tayar Hluttaw (High Court) for 15 years' standing;

(d) who is loyal to the State and its citizens;

2. if the President approves the nominees as region or state Advocate-General by the Chief Minister with the approval of the Hluttaw concerned, then he shall be appointed Advocate-General of the region or state concerned;

3. the President has no right to reject the nominee to be appointed Advocate-General of the region or state concerned unless it can be proved clearly that he is not qualified to be Advocate-General of the region or state concerned;

4. the Advocate-General of the region or state is a member of the region or state Government concerned;

5. the Advocate-General of region or state is responsible to the President through the Chief Minister of region or state Government concerned;

6. if there is reason to impeach the Advocate-General of region or state then it should be done in accordance with the provisions regarding the impeachment of Chief Minister or a Minister;

7. in connection with resigning, removal from office, filling of vacant post and assuming that the person to have retired in the case of civil servant [sic], the provisions of the Constitution prescribed for the Chief Minister and Ministers of region or state shall also concern the Advocate-General of region or state;

8. the duties, rights and privileges of region or state Advocate-General shall be prescribed by law.

[Region/state Auditor-General]

Esteemed Chairman,

The Chief Minister of region or state shall have a right to choose a person with the prescribed qualifications who can audit the accounts and appoint a region or state Auditor-General and assign duties to him after to submitting to the region or state Hluttaw concerned and obtaining its approval. Those who are appointed region or state Auditor-General must be a person who has attained the age of 40. With the exception of the age limit, the qualifications required are the same as those prescribed for the region or state Hluttaw representatives. Moreover, they must have held the post not lower than that of region or state auditor for at least five years or the post not lower than the district auditor for at least 10 years, or worked as Certified Public Accountant or Registered Accountant for at least 15 years. The region or state Auditor-General must be loyal to the State and citizens.

If the President of the State approves the person submitted for appointment as Auditor-General of the region or state concerned, then that person is to be appointed and assigned duties as Auditor-General of the respective region or state.

The President of the State shall not have the right to reject the nominee as Advocate-General [sic--presumably Auditor-General meant] of the region or state, unless he can prove clearly that the person is not qualified to be appointed and assigned duties as Auditor-General of the region or state concerned.

The Auditor-General of the region or state is responsible to the President through the Chief Minister of the region or state concerned. If there is reason to impeach the Auditor-General of the region or state it can be done in accordance with the provisions regarding the impeachment of Chief Minister or Minister of region or state.

Esteemed Chairman,

In connection with resignation, removal from office, filling up the vacant post or regarding the person to have retired in case of civil service personnel, the provisions of the Constitution for Chief Minister and Ministers also concern the Auditor-General of region or state.

The duties, rights and privileges shall be prescribed by laying down a law.

Therefore, in connection with the appointment and assigning duties to Auditor-General of region or state, precise basic principles should be laid down as follows:--

1. the Chief Minister of the region or state concerned shall have the right to choose a person who can audit the accounts and submit to the region or state Hluttaw and who possesses the following qualifications and then submit this to the region or state Hluttaw for approval to appoint and assign duties to the Auditor-General of the region or state and to submit this to the President;

(a) shall be a person who has attained the age of 40 years;

(b) with the exception of the age limit they much have the qualifications prescribed for region or state Hluttaw representative;

(c) (1) must be a person who has served in the post not lower than region or state auditor for at least five years or in the post not lower than the district auditor for at least 10 years;

(2) must be a person who has worked as Certified Public Accountant or Registered Accountant for at least 15 years;

(d) shall be a person loyal to the State and the citizens;

2. If the President approves the nominee for Auditor-General of the region or state submitted by the Chief Minister of the region or state with the approval of the region or state Hluttaw concerned for assigning duties, then that person shall be appointed and assigned duties as Auditor-General of the region or state concerned;

3. the President shall [not] have the right to reject the nominee as Auditor-General of the region or state unless he can prove clearly that the person is not qualified to be appointed and assigned duties as Auditor-General of the region or state concerned;

4. the Auditor-General of region or state shall be responsible to the President through the Chief Minister of the region or state concerned;

5. if there is reason to impeach the Auditor-General of a region or state, it shall be done in accordance with the provisions of the Constitution prescribed for Chief Minister or any Minister of region or state;

6. in connection with the resignation, removal from office, filling of vacant post or assuming that the person has retired in the case of civil servants personnel, the provisions of the Constitution prescribed for the Chief Minister or Ministers of region or state also concerns the Auditor-General of the region or state;

7. the duties, rights and privileges of region or state Auditor-General shall be prescribed by promulgating a law.

[

[Self-administered area governments]

Organizations are to be formed for the administration of the self-administered divisions or self-administered zones. The administration of self-administered divisions should be called 'self-administered division leading body (Oo-zi Aphwe)' and that of the self-administered zones 'self-administered zone leading body (Oo-zi Aphwe)'.

Formation of the 'self-administered division leading body (Oo-zi Aphwe)' and 'self-administered zone leading body (Oo-zi Aphwe)' will now be clarified.

In regions or states, national races who reside together in communities on the same common stretches of land in appropriate sizes of population, other than national races who have already got regions or states, will get self-administered areas such as self-administered divisions or self-administered zones.

I have already clarified in detail matters in connection with prescribing the self-administered divisions or self-administered zones. Self-administrative powers will be distributed to those self-administered divisions and self-administered zones as allocated by the Constitution.

self-administered divisions and self-administered zones are self-administered areas, and as such they are equal in status.

self-administered division leading bodies and self-administered zone leading bodies which are formed to exercise administrative powers in the self-administered divisions and self-administered zones will also be vested with legislative powers allocated by the Constitution. The self-administered division leading bodies and self-administered zone leading bodies are to exercise legislative powers vested to them without forming separate legislative bodies in the self-administered divisions and self-administered zones.

Our opinion is that a self-administered division leading body or self-administered zone leading body should be constituted with at least ten members.

The self-administered division leading bodies and self-administered zone leading bodies are to be formed with region or state Hluttaw representatives elected from the townships in the self-administered divisions or self-administered zones and Tatmadaw members nominated by the Commander-in-Chief of Defence Services to undertake security or border affairs duties.

Members of the self-administered division leading bodies and self-administered zone leading bodies are to choose after consultations among themselves, a suitable person as the self-administered division chairman or self-administered zone chairman out of the region or state Hluttaw representative elected from the townships in the self-administered divisions or self-administered zones. The chairmen thus chosen and nominated is to be submitted to the President of the State through the respective region or state Chief Minister.

The President of the State is to appoint the nominee as the Chief Minister of the respective self-administered division or self-administered zone.

The chairman of the self-administered division or self-administered zone is the Minister in the respective region or state. As such, provisions applying to the Ministers in the region or state--for their being responsible to the President of the State through the region or state Chief Minister, the terms of office, impeachment, resignation, removal from office, filling the vacancy and deeming it to have retired for those who are civil servants--will also apply to the self-administered division chairmen or self-administered zone chairmen.

If the membership is not up to ten in forming the self-administered division leading body or self-administered zone leading body, the self-administered division chairman and self-administered zone chairman and members are to choose suitable persons from among those residing in the self-administered division or self-administered zone who possess qualifications prescribed for region or state Hluttaw representatives, for the remainder so that membership will become ten.

In so doing, one representative is to be chosen from each national race, the population of which is upwards of at least 10,000, residing in the self-administered division or self-administered zone concerned.

If the membership is still not ten even after that, they are to independently choose persons who possess prescribed qualifications till the membership becomes ten.

Even after having chosen ten members in forming the self-administered division leading bodies or self-administered zone leading bodies, one representative each from a national race, the population of which is upwards of at least 10,000, residing in the self-administered division or self-administered zone concerned will be chosen in addition.

The self-administered division leading bodies or self-administered zone leading bodies are to exercise the legislative powers allocated by the Constitution, in addition to exercising administrative powers. I have already clarified points in dealing with the legislative sector in connection with participation of one fourth of Tatmadaw member representatives in the Pyithu Hluttaw, Amyotha Hluttaw and region or state Hluttaws which will exercise legislative powers. So, the number of Tatmadaw member representatives in the self-administered division leading bodies or self-administered zone leading bodies should be one fourth of the total membership. The Commander-in-Chief of Defence Services has the right to assign one fourth of the total membership in the self-administered division leading bodies and self-administered zone leading bodies with Tatmadaw members.

Duties, rights and privileges of the self-administered division chairmen or self-administered zone chairmen are to be prescribed by law.

The head of the General Administrative Departments in the respective self-administered division or self-administered zone is to serve as secretary of the self-administered division leading body or self-administered zone leading body. Moreover, the General Administration Department in the self-administered division or self-administered zone will be the office of the self-administered division leading body or self-administered zone leading body.

So, in connection with formation of the self-administered division leading bodies or self-administered zone leading bodies, the following principles should be laid down in specific detail:

1. self-administered divisions and self-administered zones being self-administered areas, they are equal in status;

2. there are self-administered division leading bodies or self-administered zone leading bodies in the self-administered divisions and self-administered zones. The leading bodies also exercise legislative power;

3. there shall include at least ten members in a self-administered division leading body or self-administered zone leading body;

4. the self-administered division leading body or self-administered zone leading body is to be constituted with the following persons:

(a) region or state Hluttaw representatives elected from townships in the self-administered divisions and self-administered zones concerned;

(b) Tatmadaw member representatives nominated by the Commander-in-Chief to undertake security or border affairs duties;

(c) additional representatives chosen and assigned by persons stated in sub-paras (a) and (b);

5. members of the self-administered division leading body or self-administered zone leading body stated in above paras 4(a) and (b) are to choose, after consultations among themselves, a suitable person as the self-administered division chairman or self-administered zone chairman out of the region or state Hluttaw representatives elected from the townships in the self-administered division or self-administered zone. The chairman thus nominated is to be submitted to the President of the State through the respective region or state Chief Minister.

6. The President of the State is to appoint the person in the nomination submitted as [??-"by"??] the Chief Minister of the self-administered division or self-administered zone concerned.

7. The chairman of the self-administered division or self-administered zone is Minister in the region or state concerned. As such, provisions in the Constitution applying to the Ministers of the region or state will also apply to the self-administered division chairmen or self-administered zone chairmen.

8. the chairman of the self-administered division or self-administered state [sic--should be zone] and members of the leading body concerned--

(a) shall choose suitable persons as members from among those residing in the self-administered division or self-administered zone concerned, who possess qualifications prescribed for region or state Hluttaw representatives, if the membership is not up to ten in the self-administered division leading body or self-administered zone leading body concerned so that membership will become at least ten;

(b) shall choose one representative for each national race, if there is any, the population of which is upwards of at least 10,000, residing in the self-administered division or self-administered zone concerned in choosing additional members of the leading body;

(c) shall independently choose persons who possess prescribed qualifications till the membership becomes ten.

9. the self-administered division chairman or self-administered zone chairman and leading body members shall choose in addition one representative for each national race, if there is any, the population of which is upwards of at least 10,000, residing in the self-administered division or self-administered zone concerned although they have already ten full members in forming the self-administered division leading bodies or self-administered zone leading bodies.

10. The Commander-in-Chief of Defence Services shall assign as necessary one fourth of the total membership with Tatmadaw members in the self-administered division leading bodies and self-administered zone leading bodies.

11. Duties, rights and privileges of the self-administered division chairmen or self-administered zone chairmen shall be prescribed by law.

12. The head of the General Administration Departments in the respective self-administered division or self-administered zone concerned shall serve as secretary of the self-administered division leading body or self-administered zone leading body. Moreover, the General Administration Department of the self-administered division or self-administered zone shall be the office of the self-administered division leading body or self-administered zone leading body.

[

[Union Territory administration]

Esteemed Chairman,

I will continue to clarify concerning administration of Union territory.

[Yangon City]

A principle to form basis has been laid down to the effect that territories that have extraordinary security, administration and economic conditions are to be prescribed as Union territories and placed under direct administration of the President of the State. A principle to form basis has been laid down to the effect that "Yangon city being the capital of the State is prescribed as Union territory placed under direct administration of the President of the State". In view of the fact that Yangon city being the capital of the State has primarily extraordinary security, administrative and economic conditions; it is also the territory where there are foreign embassies and diplomatic activities and international organizations and cooperative activities with them, and there are also foreign trade activities as it is a centre of air and sea carrier services. So, Yangon city will be under direct administration of the President of the State. All districts and townships existing within Yangon city development area on the day the State Constitution comes into force should be in Yangon City that is the Union territory. The President of the State should have authority to re-delineate as necessary districts and townships in Yangon city that is the Union territory.

A Yangon City Council should be formed to exercise executive power delegated by the President of the State in Yangon city that is the Union territory. The President of the State is to appoint a chairman to lead the Yangon City Council and also appoint Council members as necessary. The President of the State is to prescribe qualifications of the chairman and members of the Yangon City Council. In so doing, it should be based on qualifications prescribed as required in Hluttaw representatives.

The President of the State is to obtain from the Commander-in-Chief of Defence Services names of members of the Tatmadaw and appoint them as Yangon City Council members to integrate and coordinate security responsibilities.

Yangon City Council chairman and members are to be directly responsible to the President of the State.

The President of the State shall have authority to cause resignation or terminate the services of the chairman or any member of the Yangon City Council if not satisfied with his performance of duties. In so doing, if it involves members of the Tatmadaw nominated by the Commander-in-Chief of Defence Services, he is to coordinate with the Commander-in-Chief of the Defence Services.

Responsibilities and rights and privileges of the chairman and members of the Yangon City Council are to be prescribed by enactment of law.

The head of General Administration Department concerning Yangon City is to serve as secretary to Yangon City Council. The General Administration Department concerning Yangon City should be made to work as the office of the Yangon City Council.

So, in connection with the administration of Yangon City that is Union territory, it should be laid down, as detailed principles to form basis, that--

1. All districts and townships existing within Yangon City development area on the day the State Constitution comes into force are in Yangon City that is the Union territory.

2. The President of the State has authority to re-delineate as necessary districts and townships in Yangon City that is the Union territory.

3. A Yangon City Council shall be formed to exercise executive power delegated by the President of the State in Yangon City that is Union territory.

4. The President of the State is to prescribe qualifications of the chairman and members of Yangon City Council.

5. The President of the State shall appoint chairman and members of Yangon City Council.

6. The President of the State shall obtain from the Commander-in-Chief of Defence Services names of members of the Tatmadaw and appoint them as Yangon City Council members to integrate and coordinate security responsibilities.

7. Yangon City Council chairman and members shall be directly responsible to the President of the State.

8. The President of the State

(a) may cause resignation or terminate the services of the chairman or any member of Yangon City Council if not satisfied with his performance of duties.

(b) may appoint in accord with the provisions of the State Constitution replacement in the post of chairman or member of Yangon City Council which becomes vacant due to various reasons.

(c) if it concerns members of Tatmadaw nominated by the Commander-in-Chief of Defence Services, it shall be coordinated with Commander-in-Chief of the Defence Services.

9. Responsibilities and rights and privileges of the chairman and members of Yangon City Council are to be prescribed by enactment of law.

10. The head of General Administration Department concerning Yangon city is the secretary to Yangon City Council. The General Administration Department concerning Yangon city is the office of Yangon City Council.

(NLM 9/6)

[Cocogyun Township]

Esteemed Chairman,

It has been laid down as a basic principle that 'Cocogyun Township which has a special situation is designated Union territory and placed under the direct administration of the President'. So, the township is under the direct administration of the President.

'A township administrator' is to be appointed in Cocogyun Township, which is a Union territory, to exercise executive powers vested in him by the President. The President should choose of his own volition a person having qualifications prescribed for Hluttaw representatives and appoint him the Administrator of Cocogyun Township.

The Cocogyun Township Administrator will have to be responsible to the President or to a person assigned by the President.

The President will have the Cocogyun Township Administrator resign from the post or have him terminated from duties if he is not satisfied with his performance of duties. He will have to substitute, in accordance with provisions in the Constitution, the vacancy that has come about from any cause.

The Cocogyun Township Administrator's duties, rights and privileges are to be prescribed by enacting law.

Head of the Cocogyun Township General Administration Department is to be the Head of Office of the Cocogyun Township Administrator. The Township General Administration Department is to be the Cocogyun Township Administrator's Office.

So, regarding the administration of Cocogyun Township, a Union territory, it should be laid down as specific basic principles:

1. 'Cocogyun Township which has a special situation' is designated a Union territory and placed under the direct administration of the President.

2. The President shall appoint a Township Administrator to exercise administrative powers for Cocogyun Township.

3. The Cocogyun Township Administrator shall be a person having qualifications prescribed for region or state Hluttaw representatives.

4. The Cocogyun Township Administrator is responsible direct to the President or the person assigned by the President.

5. The President shall

(a) have the Cocogyun Township Administrator resign from the post or have him terminated from duties if he is not satisfied with the administrator's performance of duties.

(b) shall substitute in accordance with the provisions of the Constitution the vacancy that has come about from any cause.

6. prescribe duties, rights and privileges of the Cocogyun Township Administrator by law.

7. Head of the Cocogyun Township General Administration Department is the Head of Office of the Cocogyun Township Administrator. Cocogyun Township General Administration Department is the Cocogyun Township Administrator's Office.

[Local Government]

Esteemed Chairman,

Regarding regional administration, district and township administrators, who are personnel of the respective service department, should be made to assume functions of district and township level administration and perform them without letup.

In the district level, Tatmadaw members assigned by the Commander-in-Chief of the Defence Services will have to participate as necessary together with District Administrators in affairs for security, enforcement of law and regional peace and security.

Esteemed Chairman,

Ward and village administrations are levels that have close contact with the public. So, ward/village-tract administrators elected by the people should be assigned duties in ward/village-tract administration. It is necessary to promulgate a separate law regarding election of ward/ village-tract administrators, assignment of their duties and prescribing of their rights.

[

[Judiciary]

As I have explained from the National Convention Convening Work Committee's studies regarding the administrative structure, I will now go on to deal with the formation in the judiciary.

Esteemed Chairman,

I will go on to explain the chapter on the judiciary. The following are included in the basic principles regarding the judiciary laid down at the previous Plenary Session--

1. The judicial power of the State is distributed among Pyidaungsu Taya Hluttaw (Supreme Court), Regional Taya Hluttaws (Region High Courts), State Taya Hluttaws (State High Courts) and law courts of different levels including law courts of self-administered areas.

2. In the Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court of the State.

3. A region Taya Hluttaw is constituted in each of the regions and a state Taya Hluttaw is constituted in each of the states.

A basic principle regarding the Tatmadaw was also laid down at the previous Plenary Session in addition to the above basic principles. It is "The Tatmadaw has right to independently administer all affairs concerning the forces". At the session, a principle regarding general principles was laid down. It is "A Constitutional Tribunal shall be set up to interpret provisions of the State Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws and functions of executive authorities of Pyidaungsu, regions, states and self-administered areas are in conformity with the State Constitution, to decide on disputes between Pyidaungsu and states, between regions and states, among regions, among states, and between regions or states and self-administered areas themselves and to perform other duties prescribed in the Constitution."

Esteemed Chairman,

It has become necessary to lay down specific basic principles concerning the distribution of judicial power of the State based on the basic principles I have clarified above. The basic principles which should be laid down concern with the sharing of judicial power among civilian law courts, courts-martial and Constitutional Tribunal.

As expressed in the already adopted basic principles concerning distribution of judicial power of the State among law courts, Pyidaungsu Taya Hluttaw is concerned with the entire Pyidaungsu (Union) and is to undertake duties in supervising law courts of different levels. To be in conformity with its status in performing duties, Pyidaungsu Taya Hluttaw should be called 'Pyidaungsu Taya Hluttawgyoke' (Supreme Court of the Union). Judicial power should be distributed among law courts of different levels including Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union) in accordance with the Constitution or by other laws.

Judicial power is to be distributed among courts-martial in accordance with the Constitution and other laws. Regarding the Constitutional Tribunal, the judicial power is to be distributed in accordance with the Constitution.

So, regarding distribution of judicial power of the State, it should be laid down as a specific basic principle--

-- The judicial power of the State is distributed,

(a) in accordance with the Constitution or by other laws, among Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union), region Taya Hluttaws (High Courts of the Regions), state Taya Hluttaws (High Courts of the States), courts of the self-administered divisions, courts of the self-administered zones, district courts, township courts, other courts constituted by law and judges appointed in accordance with law,

(b) in accordance with the Constitution or other laws, among courts-martial, and

(c) in accordance with the Constitution, to the Constitution Tribunal.

[Supreme Court of the Union]

Esteemed Chairman,

I will continue to explain formation and constitution of different levels of courts in the State. It is needed to lay down specific basic principles regarding the term to be applied in the highest court of the State, its status, the term to be applied to its judges, the number of judges and their appointments. In the previous Plenary Session, it was laid down as a basic principle that "In the Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court of the State". Regarding the term to be applied to the supreme law court, I have said above that Pyidaungsu Taya Hluttaw should be termed 'Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union). Pyidaungsu Taya Hluttawgyoke is the highest court of the State. Of the judges to be appointed in the Supreme Court of the Union, its head should be called 'Pyidaungsu Taya Thugyigyoke' (Chief Justice of the Union). Judges of the Supreme Court of the Union should be called 'Pyidaungsu Taya Thugyimyar' (Judges of the Supreme Court).

[Appointment of Chief Justice and Supreme Court judges]

Esteemed Chairman,

It is found in view of the nature of the Supreme Court of the Union and judicial powers to be vested in it and in consideration of the magnitude of work to be carried out in conformity with duties and rights that the number of judges of the Supreme Court including the Chief Justice of the Union should be a minimum number of seven to maximum 11.

If the President, who is the Head of State, appoints the Chief Justice of the Union with the approval of the Pyidaungsu Hluttaw, which its the legislative body, it will be directed towards a principle of exerting reciprocal control, check and balance between the three branches of State power. To diminish disputes that may arise from using the method, a basic principle 'in which condition Pyidaungsu Hluttaw may reject the person nominated by the President' should also be provided in the Constitution.

In laying down basic principles regarding appointment of judges of the Supreme Court, the President has to compile a list of nominees in coordination with the Chief Justice as they, as judges of the Supreme Court, are to perform their duties with the leadership of the Chief Justice. The President should appoint persons on the list the judges of the Supreme Court with the approval of Pyidaungsu Hluttaw. If this method is used, a basic principle 'in which condition Pyidaungsu Hluttaw may reject any of the persons in the list nominated by the President' should be prescribed in the Constitution.

So, regarding the matters clarified above, it should be laid down as specific basic principles--

1. In the State is constituted one Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union). Pyidaungsu Taya Hluttawgyoke is the supreme law court of the State which shall not affect judicial powers vested in the Constitutional Tribunal and courts-martial.

2. (a) The head of the Supreme Court shall be called 'Pyidaungsu Taya Thugyigyoke' (Chief Justice of the Union).

(b) In the Supreme Court of the Union, Pyidaungsu Taya Thugyimyar (Judges of the Supreme Court) including the Chief Justice of the Union shall be appointed from a minimum number of seven to maximum 11.

3. (a) The President shall appoint the person nominated by him and approved by the Pyidaungsu Hluttaw the Chief Justice of the Union.

(b) Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President for appointment of the Chief Justice of the Union unless it can clearly prove that the person does not meet the qualifications for the post the Chief Justice of the Union prescribed by the Constitution.

4. (a) The President shall compile a list of nominees in coordination with the Chief Justice of the Union for submitting it to the Pyidaungsu Hluttaw and appoint the persons approved by the Pyidaungsu Hluttaw a judge of the Supreme Court.

(b) Pyidaungsu Hluttaw shall not have the right to reject a person in the list nominated by the President for appointment of a judge of the Supreme Court unless it can clearly prove that the persons does not meet the qualifications for the post the judge of the Supreme Court prescribed in the Constitution.

[Qualifications of Supreme Court judges]

Esteemed Chairman,

Regarding appointment of the Chief Justice of the Union and Judges of the Supreme Court, their qualifications should be prescribed. The person to be appointed to the post at the highest court of the State has to discharge duties loyally and conscientiously in exercise of the legislative powers vested in him to administer justice independently according to law. For the posts of the Chief Justice of the Union and Judges of the Supreme Court, their qualifications should be prescribed based on the age limit and qualifications upon which they are deemed to be loyal to the State, to protect and abide by laws in accordance with the Constitution, to have mature experience in judicial affairs, to uphold the code of ethics and to be capable of performing duties properly in exercise of powers vested in the Supreme Court.

As the Supreme Court has to exercise one of the three branches of the State power, the person to be appointed to a post of the Supreme Court must be not only an ordinary citizen but also citizen born of parents both of whom are citizens to be a proven fact that he is loyal to the State. Therefore, apart from the age limits, he should have qualifications prescribed for the Pyithu Hluttaw representatives. As he is to administer justice independently and to pass judgement in accordance with law, it is essential to prescribe the age limit in minimum and maximum, by then [sic] he as acquired mature experience in judicial and legal affairs.

It is found that there are differences between a country and another in prescribing the age limit for appointment of judges of the highest courts of the State. It is found stipulated in other countries that the age must be 30, 35 and 40 years minimum, and 60, 65, 70 and 75 years maximum. In some countries, it is prescribed to appoint judges for life. As for our country, the age limit for appointment of judges of the Supreme Court should be prescribed 50 years in minimum and 70 years in maximum.

The genuine multiparty democracy system will be practised in future State. As it is laid down as one of the basic principles in connection with separation and distribution of sovereign State power that 'the three branches of State power, namely, legislative power, executive power and judicial power are separated as much as possible and exert reciprocal control, check and balance among themselves', the judges are required to be free from party politics so as not to abuse judicial power. Moreover, they should not be Hluttaw representatives.

Regarding the qualifications of the Chief Justice of the Union and Judges of the Supreme Court, fundamental principles should be laid down in specific detail as follows:

-- The Chief Justice of the Union or a Judge of the of the Supreme Court shall

(a) be not younger than 50 years and not older than 70;

(b) possess, apart from the age limit, the qualifications prescribed for a Pyithu Hluttaw representative;

(c) (1) have been for at least five years a Judge of the High Court of a region or state, or

(2) have been for at least 10 years a judicial officer or a law officer at not lower than region or state level, or

(3) have been an advocate of the Tayar Hluttaw (High Court) of at least 20 years' standing, or

(4) have been assumed by the President to be a legal expert of prominent reputation;

(d) be loyal to the State and the citizens;

(e) not be a member of a political party;

(f) not be a Hluttaw representative.

[Removal of Supreme Court judges]

Esteemed Chairman,

There may arise an occasion to assume that the Chief Justice of the Union or a Judge of the Supreme Court is unfit to continue in office. In that case, it should be prescribed in the Constitution on what steps the President of the State or the Pyidaungsu Hluttaw has to take. At the Plenary Session, which has been held, it is laid down as a basic principle that 'the Head of State is the President of the State; the President of the State represents the nation'. In accord with this basic principle, the basic principles should be laid down in specific detail on for what reasons the President of the State, who is the Head of State and represents the nation and who himself nominates the Chief Justice of the Union or Judges of the State [sic] and appoints them with the approval of the Pyithu Hluttaw, instructs them to resign, and to remove them from office in the event of failure to comply with his instruction.

As such, in connection with the powers to be vested in the President of the State, specific fundamental principles should be laid down that--

-- The President of the State shall instruct, for any of the following reasons, the Chief Justice of the Union or a Judge of the Supreme Court to resign and proclaim the removal from office in the event of failure to comply with his instruction:

(a) treason,

(b) violation of the provisions of the Constitution,

(c) misconduct and

(d) being disqualified for the post of the Chief Justice of the Union or Judges of the Supreme Court under the Constitution.

[Impeachment of Supreme Court judges]

Esteemed Chairman,

As I have clarified above, the President of the State should be vested with powers to remove the Chief Justice of the Union or Judges of the Supreme Court, so also the Pyithu Hluttaw or the Amyotha Hluttaw should be vested with powers to impeach the Chief Justice of the Union or Judges of the Supreme Court to remove them from office. The Chief Justice of the Union and Judges of the Supreme Court are appointed by the President of the State with the approval of the Pyidaungsu Hluttaw. If it is desired by one of the Hluttaws to impeach them, it should be laid down as a detailed fundamental principle to cause the charge [to be??] investigated by another Hluttaw. This procedure should be the same as the way to impeach the President or the Vice-President of the State. The fundamental principle should be laid down in specific detail that if a resolution is passed by a Hluttaw, by which the charge is investigated or caused to be investigated, deciding that the charge has been substantiated and that the offence, the subject of the charge, is such as to render the Chief Justice of the Union or a Judge of the Supreme Court unfit to continue in office, the President of the State must proceed to proclaim to remove him from office.

Therefore, regarding impeachment of the Chief Justice of the Union or a Judge of the Supreme Court, it should be laid down as fundamental principles in specific detail that--

1. The Chief Justice of the Union or a Judge of the Supreme Court shall be impeached for any of the following:

(a) treason,

(b) violation of the provisions of the Constitution,

(c) misconduct and

(d) being disqualified for the post of the Chief Justice of the Union or Judges of the Supreme Court under the Constitution.

2. If it is desired to impeach the Chief Justice of the Union or a Judge of the Supreme Court, it shall be done so in accord with the provisions of the Constitution regarding impeachment of the President or Vice-President of the State.

3. If the Hluttaw concerned submits report that the charge has been substantiated and the offence, the subject of the charge, is such as to render the Chief Justice of the Union or a Judge of the Supreme Court unfit to continue in office, the President of the State shall proceed to proclaim the removal of the Chief Justice of the Union or a Judge of the Supreme Court.

4. If the Hluttaw concerned decides that charge has been refuted, that Hluttaw shall submit the decision to the President of the State.

[Age limit, vacancies, disabilities, of Supreme Court judges]

Esteemed Chairman,

The Chief Justice of the Union and Judges of the Supreme Court are the persons who are to exercise judicial powers and carry out duties in accordance with basic principles on judicial affairs already laid down by the National Convention. The Chief Justice of the Union and Judges of the Supreme Court should have the right to hold office up to the age of 70 as prescribed, unless they are asked to resign or removed from office by the President of the State, or until sooner resignation of own accord, or being removed from office following impeachment, or permanent disability to carry on duties due to either physical or mental defects shown by medical board of examinations prescribed by the State, or any other reasons preventing them to carry on duties, or death.

So, in connection with the term of office, the following basic principles should be laid down in specific detail:

-- The Chief Justice of the Union and Judges of the Supreme Court are to hold office up to the age of 70 unless asked to resign by the President of the State or removed from office, or unless one of the following occurs:

(a) resignation of own accord;

(b) being removed from office after impeachment in accordance with the provisions of the Constitution;

(c) permanent disability due to either physical or mental defects shown by medical board of examinations prescribed by the State, or any other cause rendering them unfit to carry on duties;

(d) death.

[Party affiliations; civil servants]

Esteemed Chairman,

I have already clarified that a basic principle should be laid down in prescribing qualifications of the Chief Justice of the Union and Judges of the Supreme Court that they should not be members of political parties. So, it will be necessary to lay down a basic principle prescribing that the Chief Justice of the Union and Judges of the Supreme Court are to be free from party politics. If the person is a civil servant he should be deemed to have retired in accordance with the existing rules and regulations from the date he is appointed a judge of the Supreme Court.

So, in connection with being free from party politics or retiring from civil service of the Chief Justice of the Union and Judges of the Supreme Court, the following principles should be laid down in specific detail:

1. the Chief Justice of the Union and Judges of the Supreme Court shall be free from party politics;

2. if the Chief Justice of the Union or Judges of the Supreme Court are civil servants it shall be deemed that they have retired from civil service in accordance with the existing rules and regulations from the date they are appointed the Chief Justice of the Union or Judges of the Supreme Court.

[Position of Chief Justice and Supreme Court judges]

Esteemed Chairman,

It will also be necessary to lay down basic principles in connection with position, duties, rights and privileges of the Chief Justice of the Union and Judges of the Supreme Court after their appointments. It should be prescribed that the Chief Justice of the Union is equivalent to the Vice-President, and the position of the Judge of the Supreme Court is equivalent to a Minister of the Union. Concerning this, a separate law should be promulgated without prescribing in detail in the Constitution.

So, in connection with the duties, rights and privileges of the Chief Justice of the Union and Judges of the Supreme Court, a basic principle should be laid down in specific detail as follows:

-- duties, rights and privileges of the Chief Justice of the Union and Judges of the Supreme Court shall be prescribed by promulgation of law.

[Region/state High Courts]

Esteemed Chairman,

I will continue my clarification in connection with the High Court of the Regions and States. At the previous plenary session, basic principles were laid down for the State Structure stating that the State is constituted with seven regions, seven states and Union territories, and that the regions and states are of equal status and authority. In connection with judicial matters, a basic principle was laid down that there shall be one High Court of the Region in each region and one High Court of the State in each state. The same principle should be stated again in the chapter 'The Judiciary'.

[Number and appointment of region/state judges]

Esteemed Chairman,

The head of the respective High Court in the region and state concerned should be called Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State. Judges of those High Courts should be called Judges of the High Court of the Region or Judges of the High Court of the State. The required number of Judges will have to be appointed to the High Courts of the Regions or States considering the volume of work based on the stance of the High Court of the Region or State and on judicial powers, duties and rights to be vested to them. It will be natural fro those High Courts that the volume of work will not be the same and subject to an increase and decrease. So, the number of Judges of the High Court of the Regions or States including the Chief Justice should be minimum three and maximum seven.

Regarding the appointment of the Chief Justices of the High Court of the Region or State, and of Justices of the High Court of the Region or State, appointment by the President of the State, who is the Head of State, with the approval of the respective Region or State Hluttaws, which are legislative bodies of the regions or states, will be in accordance with the policy of appointment applied at the Supreme Court of the Union and contributory to the policy of counter-balancing among the three powers of the State. In applying the method, it should be taken into account giving the right to the Region or State Hluttaw on what conditions it can reject the person nominated by the President of the State, in order that disputes that may arise can be reduced. Such conditions should be stated in the Constitution.

The President of the State is to compile a nomination list for the appointment of the Chief Justice of the High Court of a Region and a nomination list for the appointment of Judges of the High Court of the Region, in consultation with the Chief Justice of the Union and the Chief Minister of the Region concerned and then seek the approval of the Region Hluttaw concerned. Similarly, approval is to be sought from the State Hluttaw concerning after compiling a nomination list for the appointment of the Chief Justice of the High Court of the State, in consultation with the Chief Justice of the Union and the Chief Minister of the State concerned. The President of the State should appoint the Chief Justices concerned after obtaining the approval of the respective Region Hluttaws or State Hluttaws. In applying the method, it should be prescribed in the Constitution on what conditions the respective Region or State Hluttaws can reject the person nominated by the President of the State.

So, in connection with the clarification above, the following basic principles should be laid down in specific detail:

1. there shall be one High Court of the Region in each region and one High Court of the State in each state.

2. (a) the head of the High Court of the Region in the respective regions and the head of the High Court of the State in the respective states shall be called Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State;

(b) at least three and maximum seven Judges of the High Court of the Region or Judges of the High Court of the State including the Chief Justice of the High Court of the Region or State can be appointed to the High Court of the Region or High Court of the State;

3. (a) the President of the State is to compile a nomination list for the appointment of the Chief Justice of the High Court of a Region or a State and a nomination list for the appointment of Judges of the High Court of the Region or State, in consultation with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, and send them to the Region or State Hluttaws concerned;

(b) the President of the State shall appoint persons approved by the respective Region or State Hluttaws as the Chief Justice of the High Court of the Region or State and as Judges of the High Court of the Region or State for the respective regions and states;

(c) a region Hluttaw or state Hluttaw has no right to reject nominees of the President of the State for the appointment of the Chief Justice of the High Court of the Region or the State and nominees for the appointment of Judges of the High Court of the Region or the State unless it can show clear proof of want of qualifications prescribed for the Chief Justice of the High Court of the Region or the State or Judges of the High Court of the Region or the State.

[Qualifications of region/state judges]

It will be necessary to prescribe the qualifications for appointing Chief Justices of High Courts of regions or states and Judges of the High Courts of regions or states. Such persons are those who will have to lead in administration of justice in the regions and states and at the same time handle the judicial power duty-consciously and loyally and implement the policy on administering justice independently and according to law. Therefore, loyalty towards the State, preserving and abiding by the law in accordance with the Constitution, having experience in shouldering judicial duties, upholding one's ethics, shouldering the responsibilities dutifully in exercising judicial powers and rights bestowed upon High Courts of regions or states and the age and qualifications are to be taken into account in prescribing the qualifications of Chief Justices of High Courts of regions or states and Judges of High Courts of regions or states.

The High Courts of regions or states are to exercise the high levels of judicial power in the respective regions or states without affecting the judicial rights bestowed upon the Chief Justice of the Union. In so doing, these Chief Justices of the High Courts, as a proven fact they are loyal to the State must not only be a citizen of the State but must also be a citizen born of parents both of whom are citizens. Therefore, with the exception of the age limit, the Chief Justices of the High Courts of regions or states must also have the qualifications prescribed for region or state Hluttaw representatives. As they are persons who must pass a correct decision independently in accordance with the law and for them to be well-experienced in legal and judicial affairs and to be matured and dignified, the lowest and highest age limits should be prescribed.

In connection with the prescribing of age limit for Chief Justices and Judges of High Courts of regions or states, it should be done by comparing the lowest age and highest age limits prescribed for Chief Justice of the Union and Judges of the Supreme Court. It has been clarified that the lowest age limit for the Chief Justice and Judges of the Supreme Court of the Union is 50 years and highest age limit is 70 years. By taking into consideration that the Judges of the High Courts of region or state have sufficient experience and are quite matured and dignified they will have a chance to be appointed as Judges of the Supreme Court which is one level higher, the lowest age limit of Chief Justices and Judges of High Courts of region or state should be prescribed as 45 and the highest age limit is 65. The Chief Justices and Judges of High Courts of regions or states should also be persons who are free of party politics and are not Hluttaw representatives.

Therefore, in connection with the qualifications of Chief Justice and Judges of High Courts of region or state basic principles should be prescribed as follows:--

-- The Chief Justice and Judge of High Courts of regions or states must have the following qualifications:--

(a) they should not be younger than 45 years of age and not older than 65 years of age;

(b) with the exception of age limit, they must have the qualifications prescribed for region or state Hluttaw representatives;

(c) (1) if they are judicial officers or law officers, they should hold the post not lower than that of region or state level for at least five years or not lower than that of district level for at least 10 years; or

(2) if they advocates they should have not less than 15 years' service; or

(3) those regarded by the President of the State as well-known legal experts for good reputation;

(d) those who are loyal to the State and the citizens;

(e) are not political party members;

(f) are not Hluttaw representative.

[Removal of region/state judges]

Esteemed Chairman,

There may arise a situation in which the Chief Justice or Judges of the High Court of a region or a state should not continue to hold the post. In such a situation it is necessary to prescribe explicitly in the Constitution what further steps should be taken either by the President or the respective region or state Hluttaw. In the basic principles laid down in the Chapter on the State at the previous Plenary Session held it is stated, "the Head of State is the President of the State", and "the President of the State represents the Union". In accordance with this principle as the President is the Head of State and also represents the Union, basic principles should be laid down giving the right to the President to order the Chief Justice or Judges of the High Courts of region or state he himself has nominated in consultation with the Chief Justice of the Union and Chief Minister of the region or state concerned and then appointed and assigned duties with the approval of region or state Hluttaw concerned, to resign for what kind of reasons and the right to order them to be removed from office.

Therefore, as clarified above in connection with the entrusting the President with the rights, precise basic principles should be laid down as follows:--

-- if a Chief Justice or a Judge of the High Court of region or state infringes one of the undermentioned points, then the President has the right to order that person to resign and to remove him from office if he fails to comply with the order:--

(a) treason,

(b) violation of the provisions of the Constitution,

(c) misconduct,

(d) being disqualified for the post of Chief Justice or Judge of High Court of region or state as prescribed in the Constitution.

[Impeachment of region/state judges]

Esteemed Chairman,

As clarified above, as it is appropriate to give the President the right to act so also rights should be given to region or state Hluttaws, the method of impeaching the Chief Justice or Judge of High Courts of region or state and removing them from office. In connection with the method of impeaching by region or state Hluttaw it is to be clarified that there is only one Hluttaw at region or state level and a written proposal signed by at least one-fourth of the total membership of Hluttaw of region or state shall be submitted to the Chairman of the Hluttaw concerned. The Chairman of the Hluttaw concerned shall cause the charge to be investigated by forming a commission. The Chairman of the Hluttaw is to report to the region or state Hluttaw on the results of the investigation submitted to him by the investigation commission. If it is found that the charge is correct and that the Chief Justice or Judge of High Court of region or state is not fit to continue in office, then it is to be supported by not less than two-thirds of the total membership of the Hluttaw of the region or state and the Chairman of the Hluttaw is to submit the matter to the President. If such report is presented then the President is to order the removal of that person from office.

Therefore, in connection with impeachment of Chief Justice or Justice of High Court of region or state a precise basic principle should be laid down that--

1. a Chief Justice or a Judge of the High Court of region or state shall be impeached for any of the following:--

(a) treason;

(b) violation of the provisions of the Constitution;

(c) misconduct;

(d) being disqualified for the post of Chief Justice or Justice of the High Court of region or state as prescribed by the Constitution;

2. if there is cause to impeach a Chief Justice or a Judge of the High Court of a region or state for any of the above offences a proposal in writing signed by not less than one-fourth of the total membership of the region or state Hluttaw shall be submitted to the Chairman of the Hluttaw concerned;

3. the Chairman of the Hluttaw concerned shall cause the charge to be investigated by a commission. The term pending the completion of the investigation shall be determined depending on the magnitude of the charge;

4. the Chief Justice or Judge of the High Court of the region or state who is charged shall have the right to appear or to be represented at the investigation of the charge and to be given the chance to refute;

5. the finding made by the investigation commission on the charge made by the region or state Hluttaw on the Chief Justice or Justice of the High Court of a region or state is to be submitted to the Chairman of the Hluttaw concerned, the Chairman of the Hluttaw shall report it to the region or state Hluttaw. If a resolution is passed, supported by not less than two-thirds of the total membership concerned, declaring that the charge is such as to render the Chief Justice or the Judge of the High Court of the region or state unfit to continue in office, the Chairman of the Hluttaw shall submit it to the President of the State;

6. the President on receiving the report shall order the removal from office of the Chief Justice or Judge of the High Court of region or state;

7. if the Hluttaw of the region or state concerned decides that the charge against the Chief Justice or Justice of the High Court of the region or state concerned has been refuted, the Chairman of the Hluttaw concerned shall report the decision to the President.

[Term, resignation, or incapacity of region/state judges]

Esteemed Chairman,

It will be necessary to prescribe the normal term of office of the Chief Justice or Judge of the High Court of the region or state, except in cases in which the President of the State orders resignation or termination of service to any of them. Like the Chief Justice of the Union and Judges of the Supreme Court [sic], they should have the right to serve up to the age of 65 years, except in cases of voluntary resignation, termination of service after impeachment, becoming unfit to continue service for permanent disability due to impairment of physical or mental health as certified by the medical board prescribed by the State or for some other reason, or in the case of one passing away.

So in connection with the term of office, detailed principles to form basis should be laid down that--

-- except in cases in which the President of the State orders resignation or termination of service, the Chief Justice and Judges of the High Court of the region or state have the right to serve till they are fully 65 years of age, if there does not arise any of the following reasons:

(a) voluntary resignation;

(b) termination of service after impeachment in accord with the provision of the State Constitution;

(c) becoming unfit to continue service for permanent disability due to physical or mental impairment as certified by the medical board prescribed by the State or for some other reason;

(d) death.

[Position of region/state judges]

Esteemed Chairman,

It will be necessary to lay down principles to form basis in connection with the status of the Chief Justice and Judges of the High Court of the region or state and their responsibilities, rights and privileges. It should be prescribed that the Chief Justice of the High Court of the region or state is of the same status as a Union minister and that judges of the High Court of the region or state are of the same status as Union deputy ministers. In connection with these matters, details should not be prescribed in the State Constitution but be prescribed by law. So, in connection with responsibilities, rights and privileges of the Chief Justice and Judges of the High Court of the region or state, it should be laid down, as a principle to form basis, that--

-- responsibilities, rights and privileges of the Chief Justice and Judges of the High Court of the region or state shall be prescribed by law.

[Lower courts]

Esteemed Chairman,

I will continue to explain matters in connection with the formation of courts under the High Court of the region or state.

There are normally tow kinds of courts --original court and appeal court. If there are too many levels of courts, people would appeal to level after level of courts and it would entail a lot of time and efforts. So it will be necessary to have levels of courts as appropriate, to be in accord with the procedures being practised in permitting appeals and revisions and to enable people to enjoy the right of appeal in accord with law. So only two levels of courts should be formed under the High Court of the region or state--the two levels being self-administered division court if there is a self-administered division in the region or state, and township court; or self-administered zone court if there is self-administered zone in the region or state; in areas other than self-administered division or zone, there should only be district court and township court. In Union territories, if necessary, there may be districts and townships. So, in Union territories, there are to be formed district courts and township courts.

Under the region or state High Court, there may be other courts separately set up by law. For instance there are separately formed courts such as juvenile courts. As there may be such courts as those set up by law in future too, there should be such other courts as those set up by law under the High Court of the region or state.

So, in connection with formation of various levels of courts under the High Court of the region or state, it should be laid down, as principles to form basis, that--

-- under the High Court of the region or state, there are the following levels of court:

(a) if there is no self-administered areas in the region or state

(1) district courts

(2) township courts

(b) if there is self-administered area in the region or state

(1) in the self-administered division

(aa) court of the self-administered division

(bb) township courts

(2) in the self-administered zone

(aa) court of the self-administered zone

(bb) township courts

(3) in other areas

(aa) district courts

(bb) township courts

(c) in Union territory

(1) district courts

(2) township courts

(d) other courts set up by law.

[Position of lower level judiciary personnel]

Esteemed Chairman,

I will continue to clarify matters of appointing judges at courts under the High Court of the region or state, giving them judicial powers, prescribing their responsibilities, rights and privileges, forming service organizations and prescribing duties, rights and privileges thereof at the Supreme Court, region or state high courts and remaining courts.

In appointing judges at lower courts other than the Supreme Court and the region or state high court, they should be appointed as State service personnel. As they are State service personnel, they should be appointed in accord with law governing appointment of State service personnel. Giving them judicial powers and prescribing their duties, rights and privileges should be in accord with separately enacted law.

So, in connection with matters of appointing judges at courts other than the Supreme Court and region or state high courts, giving them judicial powers and prescribing their duties, rights and privileges, and forming service organizations at these courts and prescribing their duties, rights and privileges, it should be laid down, as detailed principles to form basis, that--

1. appointing judges at lower courts other than the Supreme Court and the region or state high court, giving them judicial powers and prescribing their duties, rights and privileges should be in accord with law.

2. forming service organizations comprising officers and other ranks at the Supreme Court, region or state high courts and various levels of courts under them and prescribing duties, rights and privileges for service personnel in them should be in accord with law.

[Conclusion]

Esteemed Chairman,

Now, at this Plenary Session, I have explained the observations of the National Convention Convening Work Committee on matters concerning self-administered areas --the topic left for further discussion in continuation of discussions on the State structure--and matters concerning the legislature, the executive and the judiciary, the three of the chapter headings already prescribed. These explanations are for discussion by the delegates for the National Convention to lay down as detailed principles to form basis. So, if the delegates have other suitable points to add and suggest, they are to do so in accord with the six objectives of the National Convention, the principles to form basis already laid down, and the procedures for conducting the National Convention. With this I conclude.

(NLM 9/7)

Sept. 20: U Aung Toe's clarifications will be broadcast and telecast on Myanma Radio and TV from Sept. 21-23. (NLM 9/21)