PROCEEDINGS OF THE NATIONAL CONVENTION

18 MAY 2004


 
Source: “The New Light of Myanmar
19 May 2004


National Convention Convening Work Committee clarifies matters concerning the detailed basic principles for the Executive, Legislative and Judiciary that are to be included in drafting the State Constitution


Yangon, 18 May- The National Convention continnued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby
Township at 9 am today.

The National Convention Convening Work Committee clarified matters concerning the detailed basic principles for the Executive, Legislative and Judicial sectors that are to be included in drafting the State Constitution.

Present at the National Convention were Chairman of the National Convention Convening Commission Secretary-2 of the State Peace and Development Council Lt-Gen Thein Sein and commission members, Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe and committee members, Chairman of National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and committee members, delegates of political parties Ñ Kokang Democracy and Unity Party, National Unity Party, Union Kayin League, Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party and Wa National Development Party, representatives-elect of National Unity Party, Mro (or) Khami National Solidarity Organization and independent delegates, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia and delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State service personnel from the State Peace and Development Council Office, the PresidentÕs Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-GeneralÕs Office, the Auditor-GeneralÕs Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special Region-6, Shan State (North) Special Region-7, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Development Party (KNDP) Dragon Group, Kayinni National Progressive Party (KNPP) (Splinter, Hoya), Kayinni National Unity and Solidarity and Organization (Ka Ma Sa Nya), Shan State Nationalities PeopleÕs Liberation Organization (Ya La La Pha), New Mon State Party, Democratic Kayin Buddhist Association (DKBA), Haungthayaw Special Region Group, Phayagon Special Region Group, Shan State National Army, Burma Communist Party (Rakhine Group), Homein Region Welfare and Development Group, Shwepyiaye (MTA) Group, Manpan Regional Militia Group, Mon Armed Peace Group (Chaungchi Region), Mon Spliter Nai Saik Chan Group and Arakanese Army (AA) who exchanged arms for peace.

Before the plenary session of the National Convention, the delegates signed in the attendence registers. Chairman of the National Convention Convening Commission Secretary-2 of the State Peace and Development Council Lt-Gen Thein Sein presided over the plenary session of the Convention and Secretary of the Commission Minister for Information Brig-Gen Kyaw Hsan acted as master of ceremonies. The Secretary of NCCC announced the start of the meeting as there were 1,075 out of 1,088 listed accounting for 98.81 per cent.

Next, the National Convention Convening Work Committee clarified matters concerning the detailed basic principles for the Executive, Legislative and Judicial sectors that are to be included in drafting the State Constitution. First, National Convention Convening Work Committee Chairman Chief Justice U Aung Toe and Vice-Chairman Attorney-General U Aye Maung explained the defence and security sector.

Afterwards, Secretary of the Work Committee explained the foreign affairs sector and the plenary meeting went into recess. At 10.30 am, members of the Work Committee Deputy Minister for Information U Thein Sein and Deputy Attorney-General Dr Tun Shin explained the financial and planning sector and the plenary session of the National Convention recessed. (The clarifications of the National Convention Convening Work Committee for matters concerning the detailed basic principles for the Executive sector is reported separately.) The plenary session of the National Convention will continue tomorrow.
 

Source, with photos: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc180504_1.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-19.pdf

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Clarifications concerning detailed basic principles for Executive, Legislative and Judiciary to be included in drafting State Constitution made

Yangon, 18 May - The followings are the translation of clarifications concerning detailed basic principles for the Executive, Legislative and Judicial sectors that are to be included in drafting State Constitution made at the National Convention today.

Clarifications of National Convention Convening Work Committee Chairman Chief Justice U Aung Toe


Respected Chairman and esteemed delegates,


May I greet you wishing "May you all enjoy physical and spiritual wellbeing and be blessed with auspiciousness."

Respected Chairman,

Detailed basic principles for Executive, Legislative and Judicial sectors, that are to be included in drafting the State Constitution, had already been laid down successfully at the National Convention, held from 28 November 1995 to 30 March 1996.

On 30 March 1996 at the National Convention, then Chairman of the Commission in his concluding address said, 'As drastic changes are being effected in political and economic systems of Myanmar, it is imperative that there must be an enduring constitution that is in harmony with the changed political and economic systems and capable of properly guiding and controlling these political and economic systems.

With lessons taken from events of the past, and with vigil kept against the danger from reactionary elements subservient to colonialism and imperialism and subscribing to sectarianism, as is being seen and heard today, endeavours must be made to bring about a situation where only the people of our country can determine all their affairs in the future State that is truly free from any dependence and free from any stunting eclipse. So it is necessary for all the delegates to carry on with tenacity and courage to obtain necessary detailed basic principles without losing sight of the 104 basic principles that is the fruit of the National Convention presently. 'Today, detailed basic principles on the formation of the fourth, fifth and sixth out of 15 chapter headings, namely, 'The Legislative', 'The Executive' and 'The Judiciary' are now in hand.

"Discussions will continue and suggestions are to be forwarded on the rights and powers to be exercised at the Union level and Region/State level in connection with these three headings.

This part, too, is important. How are rights and powers to be distributed among and exercised by the Union and Region/State? It will be necessary to realistically consider and lay down the principles to see that legislative, executive and judicial powers are smoothly, properly and harmoniously exercised. As this part is also important, it is necessary to obtain most suitable detailed basic principles after consideration in all aspects so that there exist no weaknesses and flaws and no confusion in exercise of the three powers.

"The principal duty of our National Convention is laying down the basic principles: the National Convention Convening Commission and the National Convention Convening Work Committee will have to continue to study and conduct research from all angles to obtain good and enduring basic principles for the State. National Convention delegates are urged to make studies when the National Convention is in recess." In accord with the address, the Commission and the Work Committee, during the adjourned period conducted thorough studies on a wide array of fields to acquire detailed basic principles for distribution of power in the Executive, Legislative and Judicial sectors.

Respected Chairman,

When the detailed principles to be laid down for the division of the legislative power is reviewed, we can see the sharing of the legislative power for Pyidaungsu Hluttaw comprising the Amyotha Hluttaw and the Pyithu Hluttaw, the legislative power for Region or State Hluttaws and the leading bodies of the self-administered divisions or self-administered areas in accord with the stipulations contained in the Constitution. And when the sector of the sharing of the executive power is studied, we can see that the detailed basic principles for the executive structure have already been laid down at the plenary session of the National Convention. Of the principles, the principles Ñ the head of executive of the State is the President of the State; the Pyidaungsu government.

of the State is formed with the President of the State, the vice-Presidents, the Pyidaungsu Ministers and the Pyidaungsu Attorney-General - have been laid down. Moreover, the basic principle - the executive power of the State is delegated among the administrative organs of the Pyidaungsu and regions and states, and self-administrative power shall be vested in self-administered areas as stipulated by the State Constitution - has also been laid down. As the principles have already been drafted, the principles to be formed as basis for designating the rights of the President of the State and the Pyidaungsu, prescribing the administrative and financial rights of the regions or states and designating the self-administration rights for self-administered areas are required to be laid down.

Respected Chairman,

In connection with the judiciary, basic principles laid down at the Convention, it is said:

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

(2) In the Pyidaungsu, there is one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme court of the State:

(3) Pyidaungsu Taya Hluttaw has powers to issue writs:

(4) a Region Taya Hluttaw is constituted in each of the regions and a State Taya Hluttaw is constituted in each of the states:

(5) the following are stipulated as Judicial principles:- independent administration of justice in accord with law;Ñ administration of justice in public except where restricted by law;- giving of right of defence and right of appeal by law in cases.

Based on the above-mentioned principles, I am now going to present the specific principles, that should be laid down as the basis for the Executive, Legislative and Judicial sectors, that have inter-relationship and inter-dependence between one another. All the basic principles that should be laid down for the sectors are delicate and profound and also require serious consideration for the long-term interest of all the Union people. Thus, the Work Committee will make a comprehensive clarification on them so as to enable the delegates to make sector-wise discussions and present suggestions to their heart's content.

Respected Chairman,

It is a common knowledge for all the delegates that in connection with the delegation of the State's sovereign power, the National Convention has already laid down the basic principles Ñ the three branches of sovereign power of the State, namely, the legislative power, executive power and judicial power, are separated as much as possible and exert reciprocal control, check and balance among themselves; and the three branches of power so separated are shared among Pyidaugsu (Union), regions, states and self-administered areas.

As the basic principles concerning the legislative, executive and judicial structures will be formulated in accord with the already drafted fundamental principles, the current issue of the National Convention is to discuss and lay down detailed basic principles in connection with the division and sharing of power among the Pyidaungsu, regions or states and self-administered areas and to conduct as much as possible reciprocal control, check and balance among them.

To be able to draft the detailed principles on division of power among the Pyidaungsu, regions or states and self-administered areas, I will now present the matter in three parts as follows:

(1) Division of the legislative power;

(2) Division of executive power; and

(3) Division of judicial power.

 In presenting the three parts, firstly, I will explain which of the matters in connection with legislative power be delegated to which of the legislative bodies.

Respected Chairman,

The Plenary Session of the National Convention which began on 9 January 1993 had already laid down the basic principles to be formulated as the basis for framing the State Constitution and some of the detailed basic principles.

The National Convention Work Committee has already published the book "The Basic Principles and Detailed Basic Principles laid down by the National Convention Plenary Sessions up to 30 March 1996".

Respected Chairman,

The basic principles laid down by the National Convention concerning the State structure, state, "The State will be formed a Union made up of seven regions and seven states and Union territories."

The nation, thus formed, is an independent and sovereign nation and it has laid down the following State objectives:

1. non-disintegration of the Union,

2. non-disintegration of national solidarity

3. perpetuation of sovereignty

4. flourishing of genuine multi-party democracy system

5. further burgeoning of the noblest and worthiest of worldly values, namely, justice, liberty and equality in the State,

6. for the Tatmadaw to be able to participate in the national political leadership role of the State.

In accord with the objectives, a basic principle - the three branches of sovereign power of the State, namely, legislative power, executive power and judicial power, are separated as much as possible and exert reciprocal control, check and balance among themselves - has been laid down.

In order to carry out legislative matters in line with the principle, the Pyithu Hluttaw will be formed with a maximum number of 440 representatives; and the Amyotha Hluttaw, with a maximum number of 224.

The two Hluttaws are called the Pyidaungsu Hluttaw, the highest legislative body of the State. There will be one Hluttaw each in every region or state.

Respected Chairman,

Three sectors - the structural sector, the power division sector and the work connection sector Ñ are divided for legislature, executive, judiciary. The delegates have already known the laying down of principles to be formed as the basis for the structural sector. Concerning the sharing of legislative power, I will explain the list of Pyidaungsu laws stating the matters concerning the legislative power of Pyidaungsu Hluttaw comprising the Pyithu Hluttaw and Amyotha Hluttaw; the list of laws of the region or state stating the matters concerning the legislative power of region or state; and the matters in connection with the legislative power of the self-administered areas.

Respected Chairman,

As we, the brethren of the same ancestors, unitedly took part in the struggle to liberate the Union of Myanmar from under the yoke of the British colonialists, the country has become an independent and sovereign nation since 4 January 1948. The national brethren have been living together in the whole Union in weal or woe, unitedly and harmoniously warding off and winning victories over various kinds of internal and external enemies.

In this regard, it will be required to consider and discuss and to lay down the detailed basic principles in connection with the delegation of the legislative power so as to enable the respective Hluttaws to enact necessary laws, that concern with the whole Union, or to be exercised by regions or states, regarding the matters relating to the State defence and security, administration, economy, social sector and judiciary of the Union of Myanmar where national brethren are living in unity, peace and solidarity.

In conducting the legislative affairs covering State defence and security, administration, economy, social sector and judiciary of the Union of Myanmar, where national brethren are living in unity, peace and solidarity, it is required to lay down detailed basic principles to enable the respective Hluttaws to enact laws concerning the whole Union and the laws to be exercised region-wise or state-wise. A constitution that will be drafted and enacted based on the fundamental principles and detailed basic principles should be a durable one that can be observed and exercised not only by the present citizens, but also by the posterity. It is important for Pyidaugsu Hluttaw comprising the Pyithu Hluttaw and Amyotha Hluttaw, and Region Hluttaw or State Hluttaw to ensure facilitation, effectiveness and success in practically implementing the laws enacted in accord with the legislative power entrusted to them. In considering the list of law to be enacted as required by the Hluttaw at Union level or by the Region Hluttaw or State Hluttaw, it is required to keep in the fore Our Three Main National Causes of the State Ñ non-disintegration of the Union; non-disintegration of national solidarity; and perpetuation of sovereignty Ñ and to view the matters including national defence and security, economy, social issue, culture and customs of the national races.

 Respected Chairman,

In connection with the sharing of legislative power of the State, the National Convention has already laid down a fundamental principle, - the legislative power of the State is shared among Union Hluttaw, Region Hluttaws and State Hluttaws; legislative power stipulated by the State Constitution shall be distributed to self-administered areas. The Work Committee has invited officials of the ministries and respective departments and experts in their respective professions and collected necessary facts and documents after making discussions with them. Concerning the tasks and responsibilities implemented by the ministries, the work Committee has studied in detail weaknesses and advantages experienced by the central status.

and state and division levels. Regarding the sharing of legislative power, it has studied the Union Legislative list and State Legislative list in the 1947 Union of Myanmar Constitution. Moreover it has paid serious attention to studying the sharing of the legislative power stipulated in the constitutions of some of the former colonies that freed themselves from under the rule of the British, and some other nations around the world.

Respected Chairman,

The Work Committee has adopted as guideline the six objectives, including Our Three Main National Causes, of the National Convention, together with the four political objectives, the four economic objectives, and the four social objectives of the State, in addition to the fundamental principles laid down by the National Convention and in compiling clarifications on the matters relating to the division of power and functions of the legislative, executive, judicial issues.

The clarifications thus compiled were submitted to the Commission. The Commission after thoroughly studying the presentations of the Work Committee, gave guidance to present them to the National Convention. In accord with the guidance, first, the Work Committee will clarify the proposed legislative list to be entrusted to the Pyithu Hluttaw comprising Amyotha Hluttaw and Pyidaungsu Hluttaw and Region or State Hluttaw in 11 sectors as follows:

(1) Defence and security sector

(2) Foreign Affairs sector

(3) Finance and planning sector

(4) Economic sector

(5) Agricultural and livestock breeding sector

(6) Energy, electric power, mining and forestry sector

(7) Industrial sector

(8) Transport and communication sector

(9) Social sector

(10) Management sector

(11) Judicial sector.

 

Clarifications of National Convention Convening Work Committee Vice-Chairman Attorney-General U Aye Maung

Respected Chairman,

Of the two parts - the defence of the State and the security of the State, first and foremost, I will explain the part concerning defence of the State. It is a common knowledge for all the delegates that the defence of the State is as important as life itself for every nation. Once, our country fell under enslavement of the British colonialists for over 100 years due to weakness in the national defence strength. It is important for all of us to remember this. Sovereignty will perpetuate and the nation will stand as an independent country in the world only if all the citizens of the State unitedly strive together with the Tatmadaw to defend the nation. Almost every country in the world vests the legislative power concerning the State defence in the Hluttaw at the central level formed with delegates of the whole country and has the right to conduct the affairs of the entire nation.

As sharing and distribution of the legislative power is conducted in accord with all the conditions of a country concerned, there are differences to a certain degree in the task of sharing and distribution of the legislative power concerning the defence.

Respected Chairman,

In the 1947 Constitution of the Union of Myanmar, legislative power for the defence was invested in the Parliament at the central level. Thus, the matter was stated in detail in the List 1 Ñ Union Legislature Ñ of the Third Schedule under the heading Defence of the Constitution as follows:

I. Defence: that is to say, the defence of the Union and of every part thereof, including generally all preparations for defence as well as all such acts in times of war as may be conducive to its successful prosecution and to effectively demobilisation after its termination, and in particular -

(1) the raising, training, maintenance and control of Navy, Army and Air Force and employment thereof for the defence of the Union and the execution of the laws of the Union and the States.

(2) Defence Industries.

(3) Naval, Army and Air Force works.

(4) Local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas and the delimitation of such areas.

(5) Arms, firearms, ammunition and explosives.

(6) Atomic energy, and mineral resources essential to its production.

(7) Conduct of War.

If we thoroughly study the stipulations in connection with Defence of the constitutions of some of the former colonies that regained independence from the British colonialists after the World War II and some other nations of the world, we can see that the legislative power concerning Defence is exercised only by the Hluttaw at the central level.

Respected Chairman,

Now I will deal with the matter relating to State security. Similar to the State defence, State security is also of vital importance for a country. There will be security of public lives and property only if there is State security. All-round efforts can be made for well rounded development of the nation only if there prevails peace and stability in the State. The State security means the ensuring of security in the whole nation.

In this regard, I will now continue to explain one by one the matters that should be included in the defence and security sector, that are vital requirement for the entire Union.

Respected Chairman,

A review of our history shows that because of the weakness in the defence power, the British colonialists launched three aggressive wars against the nation and enslaved her. The nation had lived under subjugation of the British colonialists for over 100 years.

The Tatmadaw had to safeguard the lives and property of the people due to deterioration of unity soon after the nation regained independence in 1948. And when the Kuomintang remnant troops intruded into Shan State under the support of their foreign masters in roundabout 1950, the Tatmadaw drove them out. In the later periods, the nation faced threats and aggression of some foreign countries. Thus, if we study the incidents, we can see that the colonialists and the neo-colonialists are always waiting for an opportune moment to disturb a country at any time when it becomes weak and to put it under their influence. Hence, the nation will be able to ward off all alien threats, aggression and intrusion and to safeguard the Union for its perpetuation only if its defence and security strength is strong.

In this world today, some powers are trying to dominate small countries, with human rights and democracy as an excuse. Under these circumstances, we will have to strive to enhance the internal strength and that of the nation in every aspect. We will have to rely on ourselves for the development of the nation.

In this regard, we need a consolidated and strong defence force that is able to defend the nation. We will be able to defend the State and every part of it only if we have a strong and consolidated defence force. So, we need to enact necessary laws to defend the State and all parts of it. Our nation has regained independence since over 50 years ago. We should always have awareness to safeguard the nation against the internal and external threats and dangers of intrusion and to ensure national security, while taking lessons from the experiences throughout the years during the over-50-year period. The act of exerting endeavours for the defence of the State is only to defend our own country. In order to safeguard the nation against any foreign intrusion, the National Convention has already laid down the basic principle - the Tatmadaw is strong, modern and must be the sole existing Tatmadaw - in addition to the basic principles - the State never starts aggression against any nation; and no foreign troops are permitted to be deployed within the borders of the Union.

All necessary requirements for a consolidated and strong defence cannot be fulfilled immediately. Necessary preparations and arrangements for State defence will have to be made in advance. In doing so, laws should be enacted when and as necessary. It should be included in the Union Legislative list to enact laws if necessary concerning the matter "the defence of the Union of Myanmar and of every part and the making of preparations and arrangements for the propose". In making arrangements and preparations for State defence and security industries will have to be set up as necessary. It should be included in the Union Legislative list to enact laws, if necessary, concerning the matters "defence and security industries".

Respected Chairman,

The defence of the State and the security of the State have inter-relationship between each other. As the State will have to defend the nation against the danger of foreign intrusion, it also needs to ensure security and safety of public lives and property. To ensure security and safety of public lives and property, a law that specifically controls arms, ammunition and explosives including biological and chemical weapons is required. We need to protect our citizens from facing evil consequences some other nations are experiencing resulting from the permission to hold fire arms and ammunition freely. It should be included in the Union Legislative list to enact necessary laws concerning the matter "arms, ammunition and explosives including biological and chemical weapons".

Respected Chairman,

Together with technological development, military hardware and personal goods are becoming more and more sophisticated with the passage of time. Nowadays, electricity is being generated from nuclear energy, while the nuclear bombs and nuclear-powered ships are being built in the military sector. But danger may befall the public if strict control measures cannot be taken in the use of nuclear energy, nuclear fuel and radiation. Nuclear energy, nuclear fuel and radiation are derived from the minerals. As it is necessary to control nuclear energy, nuclear fuel and radiation, so also the mineral resources used in producing them need control. It should be included in the Union Legislative list to enact laws concerning "nuclear energy, nuclear fuel and radiation and the mineral resources from which they can be obtained".

Respected Chairman,

If we study the constitutions of the majority of countries, we can find that the power to declare war and to declare ceasefire is vested with the Hluttaws which are the highest legislative bodies of the State. A nation has the right to defend against and ward off an intrusion of another nation. And if another country one-sidedly declares war on it, it also has the right to declare war on that nation. Fighting usually stops and ceasefire is made between two warring countries because of the mutual understanding that reaches between them or the intervention or mediation of a third country or an organization to solve the problem. As the issue of the declaration of war and the reaching of ceasefire agreement concerns the entire nation and people, it has to be submitted to the highest legislative bodies of the nation concerned for approval.

In the 1947 Constitution adopted by Myanmar, only the Parliament exercised the legislative power concerning the declaration of war and ceasefire. The Article 75 of the 1974 Constitution states, 'The council of State may take suitable military action in the face of aggression against the State and action so taken shall be submitted to an emergency session of the Pyithu Hluttaw, the Council of State may continue all necessary military action. Such action shall be submitted for approval to the nearest session of the Pyithu Hluttaw." The article is stipulated for the Council of State to take necessary military action in the face of aggression against the State and to submit the action to the Pyithu Hluttaw for approval. It can be found that the said issue is handled only by the Legislative Hluttaw, the highest body of the State. Thus, it should be included in the Union: Legislative list to enact laws concerning "the declaration of war and ceasefire".

Respected Chairman,

As the rule of law, peace and stability are essential requirements to build a peaceful, modern and developed nation, efforts will have to be made for the rule of law and security systematically in the whole nation. There must be peace and stability and the rule of law in a nation for the development of its political, economic and social sectors. As the necessary laws, enacted for the prevalence of peace and stability and the rule of law are required to be effective in the whole nation, only the highest legislative bodies of a nation enact the law. Thus, it should be included in the Union Legislative list to enact laws concerning "peace and stability of the State and the rule of law".

 Respected Chairman,

The Myanmar Police Force is responsible for the prevalence of peace and stability of the State and the rule of law. Members of the MPF are taking crime preventive measures, investigating the crimes and taking necessary actions, gathering firm evidence of crimes, and taking actions against the criminals according to law to effectively discharge their duty. The MPF is an organization dealing with the people for the prevalence of peace and stability and the rule of law, while adhering to the law. Its main duty is the prevalence of peace and stability and the rule of law. In addition, it is a reserve force to defend the nation in times of emergency. It should be included in the Union Legislative list to enact laws concerning the "Police Force".

Respected Chairman,

Now, I have already explained the matters that should be included the Union Legislative list concerning the defence and security sector. Hence, the delegates will have to discuss and give suggestions on whether or not the following basic principles should be laid down to be included in the Union Legislative list concerning defence and security of the State:

1.The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof.

2. Defence and security industries.

3. Arms and ammunition and explosives including biological and chemical weapons.

4. Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them.

5. Declaration of war and ceasefire.

6. Peace and stability of State and the rule of law.

7. Police Force.

 

Clarifications of National Convention Convening Work Committee Secretary U Thaung Nyunt

 Respected Chairman,

I will turn to the foreign affairs sector. When adopting the foreign policy, the Union of Myanmar plays an active role in such affairs as the global peace and security, the denunciation of colonialism and neo-colonialists, the condemnation of racial discrimination and apartheid, non-interference in one another countries internal affairs, non-aggression and non-manipulation of other countries. Just as it freely evaluates and figures out the true situation of international and regional affairs, as for international relations, it, as a trustworthy neighbour, also maintains cordial relations, especially with regional countries as well as with neighbouring countries. At the same time, the Union of Myanmar always respects the equal status of all peoples and nations and the five principles of peaceful coexistence.

Respected Chairman,

The Sections 211 and 212 under the title of International Relations of Chapter XII of the 1947 Constitution of the Union of Myanmar, the foreign policy is defined as follows:

Section 211: The Union of Myanmar renounces war as an instrument of national policy, and accepts the generally recognized principles of international law as its rule of conduct in its relation with foreign States. Section .

212: The Union of Myanmar affirms its devotion to the ideal of peace and friendly cooperation among nations founded on international justice and morality. In 1962, the Revolutionary Council announced the foreign policy of the Union of Myanmar in order to forge and cement Myanmar's friendly relations with all countries. To present the announcement briefly, it is as follows:

 - they reaffirm their unswerving dedication to the ideal of peace, friendly relations and cooperation between all nations based on international justice and morality;

- they reaffirm their wholehearted support for and complete faith in the purposes and principles of the United Nations as embodied in its Charter;

- they reaffirm their conviction that the policy of positive neutrality pursued by the Union of Myanmar is the policy best suited to her and the world; and

- accordingly, they look forward to the continuity of their existing cordial relations with all countries.

Respected Chairman,

The fundamental principles prescribed in Chapter II of the 1974 Constitution of the Socialist Republic of the Union of Myanmar are as follows:

Article 26: The State consistently practises an independent foreign policy, aimed at international peace and friendly relations among nations and upholds the principles of peaceful coexistence of nations.

At the present time, our country still continues practising the independent foreign policy.

Respected Chairman,

With a view to further strengthening the independent and active foreign policy the State has been practising continuously and maintaining existing relations with international community, the fundamental principles set by the National Convention in respect of the foreign policy are as follows:

- the State practises the independent, active and non-aligned foreign policy, aims at world peace and friendly relations with nations, and upholds the principles of peaceful coexistence among nations;

- the State never starts aggression against any nation; and

-no foreign troops are permitted to be deployed within the borders of the Union. In line with the fundamental principles laid down by the National Convention, discussions are to be made with respect to detailed basic principles for legislative power of the foreign affairs sector.

It can be seen in the constitutions of the respective world nations that legislative power pertaining to the foreign policy is bestowed to the highest legislature of the country concerned.

Regarding the matters appropriate to the foreign affairs sector, which is still in need of detailed basic principles, the National Convention Convening Work Committee's findings will be presented.

Respected Chairman,

Apart from being a member of the UN, the Union of Myanmar also joins international as well as regional organizations as a member country. Having established diplomatic relations with a great deal of countries, the Union of Myanmar also keeps its embassies open there as necessary. There may arise some cases concerning the appointment of trade representatives in some countries. When it comes to the legislation to send Myanmar ambassadors and consuls to work at the Myanmar Embassies in the countries concerned and to appoint trade representatives, it should be included in the Union Legislative list to enact laws, if necessary, in connection with 'diplomats, consular officials and trade representatives'.

As for the necessity to make legislation for the measures Myanmar has agreed to take as a member nation of the UN, it should be included in the Union Legislative list to enact laws, if necessary, in connection with the matters relevant to the UN.

Respected Chairman,

Apart from being a member of the UN, the Non-aligned movement, the Association of Southeast Asian Nations and BIMST-EC, the Union of Myanmar attends international or regional or bilateral conferences, seminars and meetings and also takes part in discussions. Necessary steps are also under way to enable the resolutions agreed at such conferences, seminars and meetings to take shape in our country. Continued efforts will have to be made to participate in such international or regional or bilateral conferences, seminars and meetings in cooperation with other associations and organizations, and to translate their resolutions into reality. It should be included in the Union Legislative list to enact laws, if necessary, in connection with the making of legislation for 'the participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and the implementation of their resolutions'.

Respected Chairman,

While practising the independent and active foreign policy, the Union of Myanmar is taking measures for entering into international and regional pacts, agreements, conventions, and bilateral agreements and treaties with respective countries as well as with international and regional organizations, in addition to ratifying contracts and enacting necessary laws. As such kinds of tasks will go on in the future, it should be included in the Union Legislative list to enact laws, if necessary, in connection with "the realization and materialization of international and regional treaties, agreements, conventions, bilateral agreements and other contracts".

Respected Chairman,

When our country was under the British colonialists, permission was granted to foreigners from the British colonies to enter our country freely without needing any passport and visa. On account of it, generation after generation right up to now has still suffered multifarious losses and degradations. As such, necessary laws as to foreigners wishing to visit our country or settle in it were enacted after the restoration of independence. Every free nation has their immigration acts. The citizens of our country wishing to go abroad are allowed to enter a particular foreign country on condition that they bear the passport our country has issued and the entry visa the embassy of that particular country has issued. Such procedures are being practised in our country too. For that reason, it should be included in the Union Legislative list to enact laws, if necessary, in connection with "passports, entry visas and certificates of identity".

Respected Chairman,

With the market-oriented system now in practice in the Union of Myanmar, peoples from foreign countries are coming into and going out of the country on business or politically or socially or for other reasons. Only when immigration laws are enacted for entry into the country, for departure from the country and for immigration control will foreigners notice and follow them.

In our country, like other countries, if a foreigner who is currently on a visit to our country violates a certain existing law, he will be punished according to the law; besides, he is also liable to deportation depending on the magnitude of the crime he has committed. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with "the entry into the Union of Myanmar, the departure from the country, immigration control and deportation order".

Respected Chairman,

If a citizen of our country who has committed a crime in the country is in a particular country, the case may involve making a request to that country to return the guilty person to our country. For the same reason, if a person from other country on charges with a crime he has committed is in our country, the country concerned may ask our country to hand over the culprit to them. When it comes to the extradition of criminals to the country concerned or from the country concerned, some countries have a tradition of entering into such agreements as Extradition Treaty. By means of such treaties, a particular country has the right to officially ask for the extradition of the culprit to them if he is in a signitary country of the treaty. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with "the extradition of criminals to the country concerned or from the country concerned".

 Respected Chairman,

A study of the constitutions of a large number of world nations indicates that in almost every country legislative powers are invested only to their highest legislatures when it comes to making legislation relevant to the matters put under the foreign affairs sector which I have so far explained. It being the case, the esteemed delegates are to discuss as to whether or not detailed basic principles should be set in order to include in the Union Legislative list to enact laws concerning the following matters appropriate for the foreign affairs sector of our country. They are as follows:

1. diplomats, consular officials and trade representatives;

2. the United Nations;

3. participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and the implementation of their resolutions;

4. the realization and materialization of international and regional treaties, agreements, conventions, bilateral agreements and other contracts;

5. passports, entry visas and certificates of identity;

6. the entry into the Union of Myanmar, the departure from the country, immigration control and deportation order; and

7. the extradition of criminals to the home country and request made therefrom.

 

Clarifications of National Convention Convening Work Committee member Deputy Minister for Information U Thein Sein

Respected Chairman,

I will go on with the finance and planning sector.

The State is making efforts to raise and allocate funds, provide supervision for monetary and banking services, pour investments in national development projects, and lay down short- and long-term plans to ensure parallel development across the nation by putting in practice finance and revenue policies as well as monetary policies to be able to effectively and successfully implement its financial, economic and social policies and objectives. In addition, serious steps are also being taken with might and main so as to establish a new, modern, developed nation with the application of the political, economic and social objectives. The State needs a rate of economic growth higher than that of annual population growth. Only then will the economic boost be able to guarantee a higher living standard of the people. The State is taking measures to ensure regionwise economic development by doing everything that will help develop the economy: for instance, construction of dams, reservoirs, embankments, sluice gates, airports, and motor roads and railroads; and installation and extension of telephone lines. These measures are being taken with the aim of ensuring economic growth and easy accessibility between one region and another. Placing emphasis on economic development of the State implies raising the living standard of the people. Since economy is the foundation for national development, the economic boost will benefit other remaining sectors as well. The National Convention, with an eye to a higher living standard of the people and the improvement of national economy, has also laid down some fundamental principles relevant to the finance and planning sector. The principles to be adopted are as follows:- the State shall prioritize the higher living standard of the people and accumulation of general investments;

- the State shall render assistance to socio-economic development covering education, health, economy and transportation of less developed national races;

-the State shall provide such assistance as technology, capital, machinery and raw material for development of national economy;

- the State shall not nationalize business undertakings; and

- the State shall not demonetize the legal tender currency in circulation.

To raise the living standard of the people and to promote general investments, the undertakings of the finance and planning are essential for not only the Union but also the region or the states.


A glance at the development trends of the world nations will indicate that modern plans consistent with their countries are practised after being drawn. As necessary, the highest legislative bodies of the State enact laws relevant to the finance and planning undertakings concerning with the whole country. However, it is found that in some countries appropriate legislative powers are vested in the states that have their own legislative bodies. Also in our country, there will be seven regions and seven states in addition to union territories under the direct rule of the President in accordance with the detailed basic principles which have been laid down. Therefore, legislative powers are to be vested in legislative bodies at union level as well as in those at region or state level in an appropriate way.

Respected Chairman,

Only when the finance and planning undertakings are implemented harmoniously in uniformity on a national scale will a country be able to achieve progress. A study of the constitutions of a great deal of other countries and the 1947 Constitution of the Union of Myanmar will reveal that the highest legislative bodies of the State exercise the legislative powers as to the finance and planning undertakings to be implemented harmoniously in uniformity on a national scale. Moreover, it is found that the highest legislative body of the State is vested with the legislative power as to the finance and planning undertakings which have to be implemented harmoniously on a national scale, while the legislative powers as to the finance and planning undertakings to be implemented only within the regions or the states are invested to the division or state concerned.

Respected Chairman,

In the first place, I will present the budget of the Union. To be able to successfully realize the political, economic and social policies and objectives of the State harmoniously on a national scale, systematic measures are to be taken for raising necessary funds, and keeping and allocating them. To be able to systematically implement such tasks, a country has to prepare the budget to carry out the tasks.

Respected Chairman,

In our country, there will be the Union budget as well as the region or state budgets. The Union budget will contain the budgets of organizations at Union level as well as those of the Union governmental ministries. Besides, it will also contain a sum of money reserved for supplying to the regions and states when necessary, cash assistance and loans. After having been drawn in accord with the set procedures, the Union budget is to be submitted to the Pyidaungsu Hluttaw by the President or the one who is authorized to do so by the President.

When the President or the one who is authorized by the President submits the Union budget to the Pyidaungsu Hluttaw, the representatives of the Pyidaungsu Hluttaw will then be able to discuss, amend and approve it and will enact necessary laws relevant to the Union budget. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with the 'Union budget'.

Respected Chairman,

Union Fund Account has been opened for the income and expenditure accounts of the organizations at central, state, division, district and township levels; those of departments of ministries; those of State-owned economic organizations; and those of armed forces and city development affairs committees. Separate fund accounts have also been opened for the Yangon City Development Committee, the Mandalay City Development Committee and development affairs committees. There can be some arrangements to supervise and control the fund accounts in the future by enacting laws relevant to the Union Fund Account. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with the "Union Fund Account".

 Respected Chairman,

I will now explain the supervision and control of the State's financial matters. At present, the Central Bank of Myanmar takes charge of the financial matters of the State according to the Central Bank Law. The functions of the Central Bank are as follows:

(a) to act as a sole distributor of currency notes or coins for local use;

(b) to act as a Government Bank by keeping the Government's accounts;

(c) to act as adviser to the Government in connection with economic matters as required by the Government in addition to the policy and plans of economic development and the State's budget;

(d) to act as adviser to and representative of the Government as to distribution of government bonds;

 (e) to lay down and implement the financial policy for the successful materialization of the objectives in accord with its own prime targets;

(f) to supervise and inspect monetary organizations to ensure secured financial system and for its betterment;

(g) to act as a bank representing the monetary organizations, foreign governments and international organizations;

(h) to exercise the foreign exchange rate policy of the State and to control the exchange of foreign currencies by acting as representative of the Government;

(i) to provide management for exclusive foreign exchange of the State and to assume responsibility for ways and means required for stable and proper foreign exchange account system that can regularize the international money exchange of those living in the country; and

(j) to take charge of the money exchanges for international governmental organizations with which the State involves in the area of banking service, loan and financial matter, to undertake all the tasks in the name of the Government and to establish relations with such organizations on behalf of the Government.

An analytical approach to such working procedures will show that the State acts as a sole distributor and circulates currency notes and coins through the Central Bank. Acting as the Government's bank by handling the Government's accounts, the Central Bank of Myanmar has to supervise the monetary organizations, implement the foreign exchange rate policy of the State and control the exchanges of foreign currencies as representative of the Government. Besides, it also has to take necessary measures through the direct deal with the International Monetary Fund. Deputizing for the State, it also prints government bonds and sells them.

The matters I have so far presented are those which have been dealt with only at central level since the time of independence. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with Ô(1) the printing of currency notes and the moulding of coins, (2) the Central Bank of Myanmar and monetary organizations, (3) supervision and control of foreign exchange and (4) capital and financial marketÕ.



Clarifications of National Convention Convening Work Committee member Deputy Attorney-General Dr Tun Shin

Respected Chairman,

It is learnt that insurance organizations are established in densely-populated areas and in areas where numerous factories exist, as there arise the need to buy insurance against Homogeneous Risks. The types of insurance are:

1. life insurance,

2. third party insurance,

3. miscellaneous insurance,

4. fire insurance,

5. marine cargo insurance,

6. marine hull insurance,

7. aviation insurance,

8. engineering insurance,

9. comprehensive car insurance,

10. oil and gas insurance,

11. cash in transit,

12. cash in safe,

13. fidelity insurance,

14. travel insurance,

15. personal insurance, and

16. reinsurance.

Of them, in some countries the State runs insurance industries it considers appropriate and also allows private entrepreneurs to run some insurance companies. In operating insurance companies either by the government or by private organizations according to the State's policy, it is necessary to be in consistence with the practices being exercised internationally when dealing with international organizations. Therefore, it should be included in the Union Legislative list to enact laws, if necessary, in connection with "insurance".

Respected Chairman,

Taxation is involved with such basic principles as politics and economy of the State. The basic factors used for making and implementing the policies relevant to taxation are as follows:

1. transparancy in working nature between the tax collector and the tax payer,

2. simplicity,

3. cost-effective and easy undertakings of taxation,

4. justifiability,

5. less tax evasion, and

6. fortification of national economy. In particular, the taxation system should not be a burden on the tax payers, but should be considered deeply as a buttress of State's economy. As taxation is associated with foreign trade, not only are the taxation management policies to be highlighted and implemented, but the international and regional trade practices and customs are also to be followed with respect. Hence, to see that collection of taxes and revenues is common throughout the nation, while respecting international and regional trading practices, serious attention should be paid to delegating power to introduce laws in connection with collection of taxes and revenues. It was found that the highest organ of the legislative body exercised the legislative power in connection with the revenues, namely, (1) income tax, (2) commercial tax, (3) stamp duty, (4) custom duty, and (5) the State lottery. Hence, it should be included in the Union Legislative list to enact laws, if necessary, in connection with income tax, commercial tax, stamp duty, custom duty and the State lottery.

Respected Chairman,

In connection with the collection of taxes and revenues I have just presented, there may be people who may approve or disapprove of the collection of taxes and revenues according to law by the organization concerned. There should be a court of appeal where the people, who disapprove of the collection of taxes and revenues, may air their grievances. As the court of appeal is concerned with the entire Union, it should be at the Union level. With the establishment of the court of appeal, the people can abide by the decision of the court. Since the court of appeal on the revenues has to pass judgements according to law, it will be necessary to introduce the relevant law.

Hence, it should be included in the Union Legislative list to enact laws, if necessary, in connection with the tax appeals.

Respected Chairman,

There should be a common practice in matters relating to service enterprises of the Union, disposal of the Union property through sale, rent or other means, disbursement of loans from the Union fund, investment with funds from the Union Fund, borrowing of loans from inside and outside the country, acquiring financial assistance and aid from outside.

Hence, it should be included in the Union Legislative list to enact laws, if necessary, in connection with the service enterprises of the Union, disposal of the Union property through sale, rent or other means, disbursement of loans from the Union fund, investment with funds from the Union Fund, borrowing of loans from inside and outside the country, acquiring financial assistance and aid from outside.

Respected Chairman,

According to international experiences, development plans are systematically and harmoniously laid down and implemented in the countries where market oriented economic system is practised to ensure success of their respective policies and objectives. In our nation also, we will have to implement the short-term and long-term National Development Plan step-by-step for the building of a modern, developed new nation.

In laying down the National Development Plan there will be the Comprehensive National Development Plan and the Regional Plan. In drafting the respective plans aimed at achieving success of the State policies and objectives, it will be necessary to lay down the policies and objectives, the strategy and tactics of the respective plans. To be able to give guidance in connection with the policies to draft the National Development Plans, it should be included in the Union Legislative list to enact laws if necessary.

Respected Chairman,

There may be weaknesses and strong points in implementing the plans laid down by the State. To be able to study and foresee them, data on the economic, social affairs etc are to be collected, processed and then released. Then only will it be possible to make proper preparations. In order to gather data from the respective sectors, statistics are obtained from the administrative records of the departments or through cooperation with the departments concerned or through field surveys. With the use of computers data are fed and processed followed by issuing of reports and data documents. Statistics on environment and the Geographical Information System covering social, economic, administrative and geographical data are studied and processed. Moreover, it will be necessary to send and receive data between one government department and another through the medium of computer and to make use of data through storage and retrieval from Regional Statistical Database. It should be included in the Union Legislative list to enact laws, if necessary, in connection with "data collection".

Respected Chairman,

Evidences and facts about the historical traditions, cultural heritage, administrative, economic and social matters of Myanmar Naing-Ngan are of utmost national importance. Documents containing such evidence and facts need to be kept together in a safe place. Methods are to be introduced as necessary to see that those documents are kept securely, and that there is access to them for study and so on. Hence, it should be included in the Union Legislative list to introduce 'The National Archives Law' if necessary.

Respected Chairman,

As market economy is being practised in our country for the economic progress of the nation, economic organizations and private individuals inside and outside the country are more or less investing in the country. To enable them to make investments according to law, it will be necessary to introduce laws concerning property ownership, rules and regulations concerning works and contracts, lay down duties and discipline for workers and promulgate laws, rules and regulations designed to create stable economic environment.

In connection with the existing laws, reviews and necessary amendments are to be made in accordance with the changing time and circumstances. As these laws need to be in force in uniformity throughout the nation, it is observed that it should be included in the Union Legislative list to enact laws, if necessary, in connection with "investment".

Respected Chairman,

Laws concerning methods to be applied in connection with inspection of departmental statistics, works, regional organizations are to be introduced so that the respective organizations will be able to inspect the statistics according to law and submit their findings to the organizations concerned. It is to be included in the Union Legislative list to enact laws, if necessary, in connection with "inspection of statistics".

Respected Chairman,

I would like to present matters that should be included under the Finance and Planning Sector and also included in the Union Legislative list. They are:

(1) The Union budget

(2) The Union Fund

(3) Currency and coinage

(4) The Central Bank of Myanmar and financial institutions

(5) Foreign Exchange control

(6) Capital and money market

(7) Insurance

(8) Income tax

(9) Commercial tax

(10) Stamp duty

(11) Customs

(12) State lottery

(13) Tax appeal

(14) Service enterprises of the Union

(15) Disposal of Union-owned property through sale or rent or other means

(16) Disbursement of loans from the Union funds

(17) Investment with the Union funds

(18) Loans borrowed from inside and outside the country

(19) Acquisitions of the Union

(20) External financial assistance and aid

(21) National Plan

(22) Data collection

(23) National Archives

(24) Investment, and

(25) Inspection of statistics I have clarified these points for the delegates to discuss and make suggestions whether to formulate detailed principles to include in the Union Legislative list to enact laws.

Respected Chairman,

 I will now present the matter concerning delegation of legislative power to the Region or State Hluttaws in connection with finance and planning. I have already clarified that it should be included in the Union Legislative list to enact laws in connection with the budget. It should be included in the Region or State Legislative list to enact laws , if necessary, in connection with the "Region or State budget".

Respected Chairman,

I will next present establishment of Regional or State Fund. As the Union Fund is to be established at the Union level, Regional or State Fund should be established in the respective Regions or States. Then only will it be possible to make use of the Regional or State budgets as necessary. It should be included in the Region or State Legislative list to enact laws, if necessary, in connection with the establishment of Regional or State Fund.

Respected Chairman,

As our country is an agro-based one, the number of peasants engaged in agriculture is estimated to be about 80 per cent of the total population of the nation. Those peasants pay land revenue to the State annually for the land they work. As the delegates are aware, the types of land vary. The types of land are also different in the Regions and States. As such, the respective Regions and States will be able to prescribe and collect appropriate land revenues. Hence, it should be included in the Region or State Legislative list to enact laws, if necessary, in connection with the land revenue.

Respected Chairman,

Now I will present excise duties. In the 1947 Constitution, it is stated, Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: -

(a) alcoholic liquor for human consumption,

(b) Opium,

(c) Indian hemp and other narcotics; non-narcotic drugs,

(d) Medicinal and toilet preparations containing alcohol or any substance included in item (b) or (c).

Respected Chairman,

The State has been taking strict measures by introducing law in order to curb production, sale and consumption of drugs including opium and psychotropic substances in the country since they endanger the life of the people. The respective Hluttaws are to promulgate laws in connection with collection of the excise duties on the substances permitted by the State. The term, excise, covers revenues collected on the related substances and the term will be used in this connection. Excise duties are collected by the departments concerned at present but once the new Constitution is in force, there will emerge the Region or State governments. There will be speedy and smooth performance of duties when the Region or State Hluttaws introduce laws in connection with excise duties which will be prescribed and collected by the respective Regions and States. Hence, it should be included in the Region or State Legislative list to enact laws, if necessary, in connection with ÔexciseÕ (excluding narcotic drugs and psychotropic substances).

Respected Chairman,

Development Affairs revenues such as building and land revenue, water tax, street light tax, wheel tax, etc. are to be presented. Nowadays, a large portion of development tasks are being undertaken by the Development Affairs Department under the supervision of the Ministry of Progress of Border Areas and National Races and Development Affairs. With the population growth in the nation there is an increase in the urban and rural population day by day. It is necessary to do everything possible systematically and properly in all aspects for the improvement of the standard of living of the growing population. Appropriate measures are to be taken to see that the increasing number of buildings constructed meet the prescribed norms and standards and there is sufficient supply of water, electricity etc. In fulfilling the socio-economic requirements of the rural population, better transport and communication is vital. The socio-economic progress can be brought about only when there is better communication between the urban and rural areas. The respective Regions and States are to pay close attention to development of the suitable infrastructure in their areas with a view to improving the standard of living of the local population. In doing so, there may be tasks to be undertaken by the government departments as well as those to be carried out by the private sector under assignment of jobs. Development undertakings will be more successful if the Regions and States provide close supervision. Hence, it should be included in the Region or State Legislative list to enact laws, if necessary, in connection with "Development Affairs revenues such as building and land revenue, water tax, street light tax and wheel tax".

Respected Chairman,

There may be service enterprises in the Regions and States. The need may arise to introduce laws in connection with the existing service enterprises and the new ones that may emerge due to changing time and conditions. Hence, it should be included in the list of the Region or State laws to be introduced in connection with the service enterprises in the Regions or States.

Respected Chairman,

There will be Union-owned property as well as Region- or State-owned property when the new Constitution is in force. There may be times and circumstances when the Region- or State-owned property is no longer necessary and is to be disposed of through the sale or rent or other means. It should be included in the Region or State Legislative list to enact laws, if necessary, to provide controls when the Region- or State-owned property is disposed of through the sale or rent or other means. Respected Chairman. I have already presented earlier that the legislative power should be delegated to the Region or State Hluttaws to introduce laws in connection with the Regional or State Fund. The need may arise to introduce laws, if necessary, to disburse loans from the Regional or State Fund for the socio-economic progress in the respective Regions and States. Moreover, when the Regional or State Fund accumulates, the funds may be invested within the country. The profits can be added to the Regional or State Fund so that the increased funds may be used for the direct or indirect benefit of the people of the respective Regions or States. When the funds of the Regional or State Fund are invested within the country, it will be necessary to introduce laws to provide controls. Hence, it should be included in the Region or State list to enact laws, if necessary, in connection with "disbursement of loans from the Regional or State Fund within the country" and "investment of funds from the Regional or State Fund within the country".

 Respected Chairman,

There will invariably be national projects concerned with the entire Union and regional projects to be implemented on manageable scale in the respective Regions or States for the development of the nation. As the regional projects are to be drafted by the respective Regions and States and submitted to the respective Region or State Hluttaws, it should be included in the Region or State Legislative list of to enact laws, if necessary, in connection with the regional projects. Respected Chairman, At present, the Myanma Small Loans Enterprise has opened 181 branches in 13 States and Divisions to disburse small loans. The small loans centres need to be opened not only in the urban areas but also in major villages in order that the people in need of cash may have access to them and solve their financial problems. Although the small loans disbursement centres are run at present by the department concerned, there may arise the need to introduce laws in connection with the small loans enterprise to sell the business, through permits, to the private sector through tender system or auction according to the conditions in the respective Regions or States. So, it should be included in the Region or State Legislative list to enact laws, if necessary, in connection with the "small loans enterprise". Respected Chairman, The points I have just clarified are those covered by the finance and planning sector that should be included in the Region or State Legislative list to enact laws . They may be put together as follows:

(1) The Region or State Budget

(2) The Regional or State Fund

(3) Land revenue

(4) Excise duties (excluding narcotic drugs and psychotropic substances)

(5) Development Affairs revenues such as building and land revenue, water tax, street light tax, wheel tax

(6) Service enterprises of the Regions or States

(7) Disposal of the Region- or State-owned property through sale, rent or other means

(8) Disbursement of loans within the country from the Regional or State Fund

(9) Investment of funds from the Regional or State Fund within the country

(10) Regional projects

(11) Small loans enterprise I have clarified these points for the National Convention delegates to discuss and give suggestions whether to formulate the detailed basic principles to include in the Region or State Legislative list to enact laws to carry out work in their respective regions or states.

 

Source, with photos: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc180504_2.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-19.pdf

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Shopping arrangements for the delegates

Yangon, 18 May - Shops for the delegates to the National Convention were crowded in Nyaunghnapin Camp in Hmawby Township.

Government Employees Cooperative was running a shop selling foodstuff, clothes, books, stationery, traditional costumes of nationals and luggage. T- shirts, vests and bags by Seinsetkyar Manufacturing Ltd were also on sale as souvenirs of the National Convention. Winthuzar Shop of the Ministry of Industrial- 1 was also selling bicycles, sewing machines, umbrellas, food and beverages, clothes, textiles and cosmetics manufactured by the enterprises under the ministry and foreign and local medicines were sold at the shop of Green Health Care Ltd. Livestock and Fisheries Ministry has been selling ready to eat fried meat and fish, honey and milk.

Delegates also enjoyed photographing in the Shwe Pabedan Co-op photoshop and Mon Mon beauty salon was on service as well as Myanma Optic spectacle shop and Kaung San Ein laundry service.

Border Trade Department under the Ministry of Commerce is running a hair dressers' salon and there is a post office run by Myanma Posts and Telecommunications under the Ministry of Communications, Posts and Telegraphs. The facilities cater for the convenience of the delegates.


Entertainment for delegates

Yangon, 18 May - The National Convention delegates are being entertained daily with movies at Nyaunghnapin Camp, Hmawby Township starting from 7 pm.


The film,'Father-in-law was once son-in-law' which won Academy Award 2002, starring Yan Aung, Kyaw Thu, Lwin Mo, Moe Moe Myint Aung and Khaing Thin Kyi was screened today.


Source, with photos: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc180504_3.pdf and
http://www.ibiblio.org/obl/docs/NLM2004-05-19.pdf