PROCEEDINGS OF THE NATIONAL CONVENTION

20 MAY 2004


From The New Light of Myanmar
21 May 2004

National Convention Plenary Session continues

YANGON, 20 May — The National Convention Plenary Session continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township at 9 am today.

The National Convention Convening Work Committee clarified social and management sectors concerning the basic principles for legislative, administrative and judicial powers to be included in the State Constitution.

Present on the occasion 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 from 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 President’s Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s 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, invited persons and other invited delegates and 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 Organization (Ka Ma Sa Nya), Shan State Nationalities People’s 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 Splinter 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 attendance registers. NCC Commission Chairman State Peace and Development Council Secretary-2 Lt-Gen Thein Sein chaired the National Convention Plenary Session and Secretary of the NCC Commission Minister for Information Brig-Gen Kyaw Hsan emceed it.

The emcee announced the start of the meeting as there were 1,072 out of 1,088 listed accounting for 98.53 per cent. The National Convention Convening Work Committee clarified matters concerning the detailed basic principles for the Executive, Legislative and Judiciary sectors that are to be included in writing the State Constitution. Members of the Work Committee Deputy Minister for Information U Thein Sein and Deputy Attorney-General Dr Tun Shin clarified the social sector, and the meeting went into recess.

The meeting resumed at 10.25 pm. Member of the Work Committee Supreme Court Justice U Tin Aye made clarification to the matters concerning the detailed basic principles for the management sector. The Plenary Session went into recess later in the morning.

(The sector-wise clarification of the National Convention Convening Work Committee is reported separately.) The Plenary Session continues tomorrow.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc200504_1.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-21.pdf

****************************************

NCCC Chairman Lt-Gen Thein Sein asks after delegates undergoing medical treatment

YANGON, 20 May — Chairman of National Convention Convening Commission Secretary-2 of the State Peace and Development Council Lt-Gen Thein Sein, accompanied by Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung, Chairman of National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung, Vice-Chairman Maj-Gen Than Htay of the Ministry of Defence and officials, asked after the condition of delegates to the Convention who are undergoing medical treatment at the hospital at Nyaunghnapin Camp, Hmawby Township, this evening.

On arrival at the hospital, NCCC Chairman Lt-Gen Thein Sein and party were welcomed by Director (Treatment) of Health Department Dr Tin Win Maung, Head of Yangon Division Health Department Dr Hla Myint, hospital in-charge Dr Khin Khin Yi, specialists and health staff.

NCCC Chairman Lt-Gen Thein Sein and party enquired after the condition of delegate U Mahn Tin Aung Than of Union Kayin League, delegate U Maha Kya of Shwepyiaye (MTA) Group, delegate of national races U Khin Zaw from Kayah State, delegates of intellectuals and intelligentsia group Director U Khin Zaw and Chairman of Myanmar Motion Picture Asiayon U Sein Tin and delegate of national races U Than of Shan State and Lt-Gen Thein Sein presented provisions to the delegates.

Afterwards, NCCC Chairman Lt-Gen Thein Sein and party proceeded to the golf course and viewed the delegates golfing.

At the gymnasium, NCCC Chairman Lt-Gen Thein Sein and party viewed delegates exercising and playing tennis.

Next, NCCC Chairman Lt-Gen Thein Sein and party inspected welfare facilities such as Mon Mon Beauty Parlour, optical shop, communication station, medical stores of Grand Health Care Cooperative Syndicate, Winthuza Shop of the Ministry of Industry-1 and GEC Shop and left at 5 pm.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc200504_2.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-21.pdf

 

************************************************

Principles and detailed basic principles laid down in plenary meetings of National Convention clarified

YANGON, 20 May — The Chairman of National Convention Convening Work Committee clarified the principles and detailed basic principles laid down in the plenary meetings of the National Convention till 30 March 1996 to delegates to the National Convention at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township at 2 pm today. Also present on the occasion were members of National Convention Convening Work Committee and Management Committee and the delegates.

Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung and Secretary U Thaung Nyunt presided over the meeting and Director (Meeting) U Than Aung acted as master of ceremonies.

Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe and Vice-Chairman Attorney-General U Aye Maung explained 104 basic principles and detailed basic principles laid down in the plenary meetings of the National Convention till 30 March 1996. Later, Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe gave the concluding remarks.


Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc200504_3.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-21.pdf


************************************************

Uplift of morality and education as well as health and fitness of the entire people are especially required in building a modern and developed nation

- Clarifications on detailed basic principles for social and management sectors made at National Convention

YANGON, 20 May — The followings are the translation of clarifications concerning detailed basic principles for social and management sectors that are to be included in drafting State Constitution made at the National Convention today.

Clarifications of National Convention Convening Work Committee members Deputy Minister for Information U Thein Sein and Deputy Attorney-General Dr Tun Shin

The
social sector

Respected Chairman,
What I am going to present here is about the finds of the Work Committee on the sharing of legislative power among the Pyidaungsu legislative body and the region or state legislative bodies concerning the social sector. Of the legislative power in connection with the social sector, I will clarify which of the issues will be vested in the Pyidaungsu legislative body, and which of them in the region or state legislative bodies.

Mainly, the educational functions, health activities, social tasks, labour affairs etc. are included in the social sector.

The matters in connection with the educational functions are curricula, syllabus, teaching methods, research, planning and drawing of projects and fixing of norms and standards; matters relating to examinations designated by the Union; the issue of the courses of universities, degree colleges and institutes and other organizations of the higher education sector; the sector of the government basic education schools; the issue of vocational schools; and the matter of private schools and training courses.

The matters relating to national health, free hospitals and dispensaries, and private hospitals and dispensaries; region, state, district, township and station hospitals; prevention against counterfeiting of foodstuff, medicines, medical equipment and cosmetics or mixing them with other ingredients; traditional medicine and its development; and birth and death registration are included in the health activities.

The functions of the social sector are wide and numerous, covering a large array of areas from maternal and child welfare to Red Cross, social welfare; caring of children, youths, women, the disabled, the aged and homeless; relief and resettlement; and fire brigades and fire prevention.

includes working hours, break time, holidays, freight handling, social security, labour disputes, and labour organizations. Other matters inclusive in the social sector are matters relating to national sports; literature, theatrical art, music, traditional arts and crafts, and movies and video industries; running of theatres, cinemas and video houses; and staging of photo, painting and sculpture galleries; ancient or historical regions and edifices, monuments, documents, stone inscriptions, handicraft, inanimate objects, archaeological functions, museums, and libraries under the management of the Union; and cultural heritage restoration, museums and libraries under the management of regions or states.

Respected Chairman,
As it is known to the delegates, according to the detailed basic principles, already laid down by the National Convention, at the Union level are the legislative bodies called the Amyotha Hluttaw and the Pyithu Hluttaw, and the Pyidaungsu Hluttaw comprising the Amyotha Hluttaw and the Pyithu Hluttaw; and at the region or state level there will be region Hluttaws and state Hluttaws. As the Hluttaws in regions and those in states will be in the same status, equal legislative powers will be distributed to them.

The basic principles laid down by the National Convention concerning health and education are:

1. The State shall earnestly strive to improve education and health of the people.
2. The State shall enact necessary laws to enable the national people to participate in matters of education and health of the people.
3. The State shall implement free compulsory primary education system.
4. The State shall implement a modern education system that will promote all-round correct thoughts and good morals and contribute towards building of the nation.

The delegates have already known the remarkable developments in the arts and science fields of the developed powers of the world. To become a modern and developed nation like them, we need to catch up with the nations enjoying development in the arts and science fields. We also need to have firm objectives such as uplift of the eduction of the entire nation, uplift of all-round education qualifications and uplift of morale and morality of the entire people. Concerning the uplift of education, Chairman of the State Peace and Development Council Senior General Than Shwe in his 75th anniversary National Day message in 1995, gave guidance, saying, “Acquirement of education and outstanding education qualification and widening the scope of knowledge and vision are key factors towards prosperity of the national people and progress of the nation”.

The educational undertakings of the State directly concern the people of the whole nation. Schools, institutes, degree colleges, universities etc. that are inclusive in the educational undertakings, have already been opened in all the states and divisions of the nation. Harmonious and uniform implementation of the tasks relating to the organization of courses in institutions of higher learning and other bodies of the higher education; designation of curricula, syllabus, teaching methods for educational institutions all over the nation; conducting of educational research; and designation and drawing of educational projects and plans and fixation of educational standards, and examinations designated by the Union, leads to simultaneous emergence of a modern and developed higher education system in every part of the nation. Thus, if the promulgation of laws concerning the issue is needed, it should be included in the Union legislative list.

In addition to the government schools, private schools have also been permitted to run in accord with the law. System and nation-wide uniformity are required in permitting private schools and courses, so that undesired cases may not occur. In this regard, the promulgation of laws in connection with the matter should be included in the Union Legislative list.

The sector concerning labour affairs includes working hours, break time, holidays, freight handling, social security, labour disputes, and labour organizations. Other matters inclusive in the social sector are matters relating to national sports; literature, theatrical art, music, traditional arts and crafts, and movies and video industries; running of theatres, cinemas and video houses; and staging of photo, painting and sculpture galleries; ancient or historical regions and edifices, monuments, documents, stone inscriptions, handicraft, inanimate objects, archaeological functions, museums, and libraries under the management of the Union; and cultural heritage restoration, museums and libraries under the management of regions or states.

Respected Chairman,
As it is known to the delegates, according to the detailed basic principles, already laid down by the National Convention, at the Union level are the legislative bodies called the Amyotha Hluttaw and the Pyithu Hluttaw, and the Pyidaungsu Hluttaw comprising the Amyotha Hluttaw and the Pyithu Hluttaw; and at the region or state level there will be region Hluttaws and state Hluttaws. As the Hluttaws in regions and those in states will be in the same status, equal legislative powers will be distributed to them.

The basic principles laid down by the National Convention concerning health and education are:

1. The State shall earnestly strive to improve education and health of the people.
2. The State shall enact necessary laws to enable the national people to participate in matters of education and health of the people.
3. The State shall implement free compulsory primary education system.
4. The State shall implement a modern education system that will promote all-round correct thoughts and good morals and contribute towards building of the nation.

The delegates have already known the remarkable developments in the arts and science fields of the developed powers of the world. To become a modern and developed nation like them, we need to catch up with the nations enjoying development in the arts and science fields. We also need to have firm objectives such as uplift of the eduction of the entire nation, uplift of all-round education qualifications and uplift of morale and morality of the entire people. Concerning the uplift of education, Chairman of the State Peace and Development Council Senior General Than Shwe in his 75th anniversary National Day message in 1995, gave guidance, saying, “Acquirement of education and outstanding education qualification and widening the scope of knowledge and vision are key factors towards prosperity of the national people and progress of the nation”.

The educational undertakings of the State directly concern the people of the whole nation. Schools, institutes, degree colleges, universities etc. that are inclusive in the educational undertakings, have already been opened in all the states and divisions of the nation. Harmonious and uniform implementation of the tasks relating to the organization of courses in institutions of higher learning and other bodies of the higher education; designation of curricula, syllabus, teaching methods for educational institutions all over the nation; conducting of educational research; and designation and drawing of educational projects and plans and fixation of educational standards, and examinations designated by the Union, leads to simultaneous emergence of a modern and developed higher education system in every part of the nation. Thus, if the promulgation of laws concerning the issue is needed, it should be included in the Union legislative list.

In addition to the government schools, private schools have also been permitted to run in accord with the law. System and nation-wide uniformity are required in permitting private schools and courses, so that undesired cases may not occur. In this regard, the promulgation of laws in connection with the matter should be included in the Union Legislative list.

Respected Chairman,
The issue I will now explain is the national sports inclusive in the social sector. As the objective—Uplift of health and fitness of the entire nation — is one of the four social objectives laid down by the State, it is a special requirement for our country to promote the national sports standard in all sectors till it reaches the world level. Plans are to be laid down and systematically implemented as a national task for the well rounded development of the activities concerning the national sports. There are international sporting events as well as traditional sports in Myanmar. It is required to fix precise and correct systems and methods, to train and educate athletes through precise and correct methods, and to enable them to gain international experience for the promotion of the said sporting events and emergence of outstanding athletes. Myanmar
athletes are competing with their foreign counterparts at invitational and friendship games, and as the country is a member of the International Olympic Committee, its athletes are also taking part in the various Olympic games. There are State level, region or state level, district level and township level sports competitions in the nation. Harmony and uniformity is of vital importance to carry out the national sports activities to improve the standard of sports and techniques, to enable Myanmar sports standard to reach the world level and to realize the motto “Myanmar sports — the world to conquer”.

In this regard, as necessary, the promulgation of laws in connection with “national sports” should be included in the Union Legislative list.

Uplift of morality and education as well as health and fitness of the entire people are specially required in building a modern and developed nation. A modern and developed nation can be built with intensified acceleration only if the people are fit and healthy and their education level high. As health and fitness of the entire nation is a matter concerning the national health issue, it will become effective and achieve success only if plans are being laid down on national scale in implementing the national health sector covering disease prevention for the public health, health standard promotion, diagnosis and treatment, health rehabilitation, training and producing adequate number of qualified health staff including doctors and nurses, public health knowledge dissemination, and advanced health research programmes.

In addition, efforts will be made for permitting free hospitals and dispensaries and private hospitals and dispensaries opened and run at any region of the State. Prescriptions to open and run the facilities must be in uniformity to the most possible degree in the whole country to enable them to give priority to serving public interest in a systematic way.

The national health activities covering diagnosis, disease control and treatment will be effectively successful only if plans are being laid down and implemented systematically, and the matter needs uniformity in the whole nation. In raising and developing the national health standard, consumer goods including daily foodstuff, medicines, medical equipment and cosmetics, should be genuine and quality ones meeting the required standard; and in addition, there should be prevention against counterfeiting of and mixing them with other ingredients and selling of expired goods. The national health needs systematic plans, and facilitation and success of the plans depends on nation-wide uniformity in the links at different levels, implementation methods, and the set standards. As Myanmar is a UN member as well as a member of the World Health Organization, a UN branch, it will have to make international contacts concerning the health issue as and when necessary. Thus, the task of national health activities should be of the same level and on a uniform manner in all parts of the nation.

Now, I will deal with the matters relating to development of traditional medicine and drugs. The State at present is concentrating its efforts on the progress of traditional medicine, rather than depending solely on western medicine. It is discovering and promoting latent traditional medicines and therapies. The tasks concerning the restoration and preservation of potent medical science and medicines, systematic cultivation of herbal plants, raising of the number of traditional medicine practitioners, development of traditional medical science and medicines, production and use of genuine and effective medicines that are free from harmful ingredients, promotion of advanced traditional medicines, medical science and therapies, and the conducting of international level research in the field are being systematically carried out. Hence, the progress of traditional medical profession and medicines will play a key role in ensuring health and fitness of the entire nation. The said tasks will become effective and achieve success only if they are being implemented in a harmonious and uniform manner in the whole country.

As necessary promulgation of laws concerning (1) national health; (2) development of traditional medical science and medicine; (3) free hospitals and dispensaries and private hospitals and dispensaries, and (4) safeguards against counterfeiting of food, medicines, medical equipment and cosmetics and mixing them with other ingredients is required, it should be included in the Union Legislative list.

Respected Chairman,
Now, I will explain matters concerning maternal and child welfare; Red Cross activities; the caring of children, women, disabled persons, aged persons and homeless; and the issue of relief and resettlement and fire brigade.

When constitutions of a number of countries are studied, it is found that they include stipulations concerning the caring of children, women, disabled persons, aged persons and homeless; and the issues of relief and resettlement in the social welfare sector. The 1947 Constitution of Myanmar stipulated, “The State shall pay special attention to the young and promote their education: The State shall direct its policy towards securing to each citizen—the right to maintenance in old age and during sickness or loss of capacity to work.”

Concerning mothers, children and the old and the infirm, a basic principle laid down by the National convention states as follows:

The State shall care for mothers and children, orphans, fallen Tatmadaw service men’s children, the old and the infirm, and the disabled:
In connection with the youths, another principle states
as follows:
— The State shall strive to imbue youths with strong and dynamic patriotic spirit, correct way of thinking and the five noble strengths:

It is specially important for the State to ensure equal rights for any religion or any race in the whole nation in providing care for children, youths, women, disabled persons, aged persons and homeless in accord with the basic principles. Moreover, as the nation is a signatory to the UN Child Rights Convention, it will have to materialize the stipulations contained in the UN Child Rights Convention, it has already agreed on. If required, the nation will have to make contacts with other countries.
If the State carries out the task to educate juvenile delinquents and to end juvenile delinquency; and to provide care and rehabilitation for helpless women, it will have to ensure equal rights for all religions and all races. Thus, promulgation of laws concerning ‘children, youths, women, disabled persons, aged persons and homeless’ should be included in the Union Legislative list.

Respected Chairman,
Ensuring health and social care for mothers and children all over the country is an important task for the national health. Maternal and child welfare associations have been formed from the central level to state/division levels, district levels and township levels in accord with the law and rules, and the bodies have been systematically expediting tasks to effectively carry out maternal and child welfare services, to widely disseminate basic knowledge on maternal and child care and to provide required health and social support in a wide array of sectors. The maternal and child welfare associations at different levels are social organizations. It is required to ensure equal rights in every part of the nation in conducting health care services of mothers and children and health and other social activities. Thus, promulgation of laws concerning “maternal and child welfare” should be included in the Union Legislative list.

Another social organization, the Red Cross, has formed its bodies from the central level to ward/village level. The Red Cross Brigades helping the victims of natural hazards including fires, floods and storms with full kindness can be witnessed in the nation. Moreover, the Red Cross Brigade members are providing assistance for festivals held occasionally and health activities, as necessary. It is specially required for every Red Cross member to be skilled in first aid, which can be said the main task of the body. The first aid courses, which are producing outstanding Red Cross members, are being systematically conducted occasionally in the whole nation. In addition, the tasks of Red Cross are inclusive in many social functions, and the Myanmar Red Cross society is inviting members of Red Cross societies from abroad and sending its members to foreign countries on study tours. All the Red Cross societies at different levels should enjoy equal rights and should do their work in harmony. Thus, promulgation of laws concerning “Red Cross societies” should be included in the Union Legislative list.

Fire Brigades are included in the bodies taking part in the social endeavours. In addition to the fire brigades formed with service personnel of Fire Service Department, the term “Fire Brigade” also covers voluntary fire brigades formed by the FSD with auxiliary fire brigade members and other fire brigades formed at industries, enterprises and departments and businesses, where the risk of fire is high, with the permission of FSD. In addition to fighting fires, the brigades are also taking part in fire prevention and fighting and relief programmes together with the public in times of natural hazards or epidemics or other emergency hazards. They are also launching public organization and education campaigns widely for the people to take part in rendering assistance to victims in case any hazard occurs. In addition, they have to take preventive measures in advance to protect State-owned property, private property, cultural heritage and public lives and property against loss or damage. For the effectiveness and success of their functions, the fire brigades should be formed in uniformity on national scale and equal training should be provided for them. Thus, promulgation of laws concerning “Fire Brigade” should be included in the Union Legislative list.

Respected Chairman,
I will now deal with the relief and resettlement undertakings inclusive in the social sector. If there occurs natural hazards, fires, floods, storms or earthquakes, relief workers will have to travel to the place affected by the hazard soonest to provide emergency relief aids including food, clothing, shelter and health facilities, and other relief and resettlement aids. International assistance must be requested depending of the extent of the hazard and damage. It is required to provide equal rights and opportunities for victims regardless of the places they are living in. Thus, it should be included in the Union Legislative list to enact laws, as necessary, concerning “relief and resettlement”.

Respected Chairman,
Development of physical and intellectual ability of the blue and white collar workers employed in State-owned industries as well as private industries in various parts of the country, or in other words human resources development, is specially required to build a modern and developed nation. Thus, necessary facts relating to the issue must be systematically collected and kept. The building of a modern and developed nation needs compilation and keeping of precise and correct records on human resources. Laws concerning working hours, break time, holidays, labour disputes, workers rights, social welfare rights, the successful implementation of social welfare projects in the entire nation, the duties of employers and employees and the labour organizations should be enacted for employees and employers all over the country.

The constitutions of many other countries contain laws concerning similar matters. The National Convention has already laid down a basic principle, saying, “The State shall enact necessary laws to protect the rights of workers.”

There will be fairness and equality among workers discharging duties in the respective regions all over the country only if the matters I have explained concerning the workers are materialized in uniformity.

As the tasks concerning (1) working hours, break time and holidays; (2) labour disputes; (3) social welfare; (4) labour organization, cover the whole nation, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the said tasks.

Respected Chairman,
Concerning national culture, the National Convention has laid down the basic principle —The State shall help for development, consolidation and preservation of national culture. In the country, the national races who have been living through thick and thin and in weal or woe since many years have their own culture and customs. It is a common knowledge for delegates that the nation has a large number of historical heritage such as ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, handicraft, and inanimate objects all over it, and it is discovering and preserving more. They are invaluable ancient cultural heritage for the national people. It is the duty of all the national people to restore and protect the nation’s large number of items of cultural heritage against destruction and loss and the danger of smugglers; and for their perpetuation. The tasks including the discovery, restoration and protection of the items can be done in harmony in the whole nation only if the Union
takes care of their management. Of them, some need to be kept under the protection and restoration of the Union, and the State has built museums and libraries for them at the suitable places. Appropriate programmes will ensure effectiveness and success in carrying out the work concerning the items. Moreover taking of such an action amounts to the uplift of national prestige and integrity and preservation and safeguarding of cultural heritage and national character.

As the nation is rich in invaluable cultural items, the Union is required to continuously conduct research on them and to lay down and implement appropriate nation-wide programmes covering the matter.

It should be included in the Union Legislative list to enact laws, as necessary, concerning the matter “(a) ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, handicraft, inanimate objects, and archaeological research; and (b) Museums and libraries, under the management of the Union”.

Respected Chairman,
The objectives —Uplift of national prestige and integrity and preservation and safeguarding of cultural heritage and national character: and Uplift of dynamism of patriotic spirit — are specially required in the national development and modernization drive. Public education and organization activities should be launched through literature, theatrical art, music, traditional arts and crafts, movies and video plays to help materialize the objectives. It is specially required to prevent penetration of alien culture, that has no similarities or relations with the culture of the national races of Myanmar, into and take place in the Myanmar
literature, theatrical art, music, traditional arts and crafts, movies and video plays in doing so. The delegates have already known that promotion of literature, theatrical art, music, traditional arts and crafts, movies and video plays is being carried out in the interest of the entire national people. I have already stated that efforts should be made for the success of the State objectives and for the benefit of the whole nation. It should be included in the Union Legislative list to enact laws, as necessary, concerning the matter.

Respected Chairman,
I will now explain the matters relating to the social sector that should be included in the Union Legislative list as follows:

1. Curricula, syllabus, teaching methods, research, and projects and programmes
2. Courses of universities, degree colleges and institutes and other higher education organizations
3. Examinations designated by the Union
4. Private schools and courses
5. National sports
6. National health
7. Development of traditional medical science and medicines
8. Free hospitals and dispensaries and private hospitals and dispensaries
9. Maternal and child welfare
10. Red Cross society
11. Counterfeiting of food, medicines, medical equipment and cosmetics and mixing them with other ingredients
12. Caring children, youths, women, the disabled, the aged and homeless
13. Relief and resettlement
14. Fire Brigade
15. Working hours, break time and holidays
16. Labour disputes
17. Social security
18. Labour organizations
19. The matters managed by the Pyidaungsu concerning
(a) Ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, inanimate objects and archaeological undertakings
(b) Museums and libraries
20. Literature, theatrical art, music, traditional arts and crafts, movies and videos.

I have explained the above-mentioned points so as to enable delegates to make discussion and give suggestion on whether or not the detailed principles are to be formulated to include those points in the Union Legislative list.

Respected Chairman,
I have already explained matters relating to development of traditional medical science and medicines that should be included in the Union Legislative list. Now, I will deal with the matter relating to traditional medical science and medicines that should be included in the region or state legislative list. It is a common knowledge for delegates that the national races of Myanmar
have the practice of producing and taking indigenous medicines. In almost all parts of the nation, the majority of people are taking not only western medicines, but also traditional medicine. Majority of rural people also rely on indigenous medicines. The task concerning the traditional medicine will be more effective if the regions or states carry out work in accord with the traditional medicine policies laid down by the Pyidaungsu. It should be included in the region or state legislative list to enact laws, as necessary, concerning the matter.

Respected Chairman,
Registration of births and deaths, that has connections with health affairs, is important for the population statistics of the State. Lists showing the actual population will be available, only if birth certificates and death certificates are issued and kept systematically. Implementation of the task concerning the matter will become more effective if the departments in the regions or states conduct the task in their respective regions or states under their instructions. It should be included in the region or state legislative list to enact laws, as necessary, concerning the matter.

Respected Chairman,
In addition to social organizations such as the Maternal and Child Welfare Association, the Red Cross and Fire brigades, there may also be public welfare activities, which do not concern religion and politics at all, in the respective parts of the country. If the respective regions or states manage the implementation of the required social welfare programmes concerning the activities, they will become more effective and achieve greater success. The matter should be included in the region or state legislative list to enact laws, as necessary.

Respected Chairman,
Necessary fire prevention measures will have to be carried out in the respective areas of the nation. The risk of fire may not be in the same degree in all the localities. As such, the fire prevention of one region and another cannot be in the same extent. Cooperation of local people is required in the task. Fire prevention activities will be more effective and gain extra success if respective regions or states fix and supervise appropriate programmes within the framework of fire brigade laws enacted by the Pyidaungsu Hluttaw. It should be included in the region or state legislative list to enact laws, as necessary, concerning “fire prevention”.

Respected Chairman,
The regions, districts and townships of the State have freight handling workers. Their main task in towns which have ports or jetties is to load and unload goods onto and from ships. They load and unload goods onto and from trains at places which have railway stations. They also carry out freight handling work at brokerage centres and markets. Freight handling work will be smoother and achieve greater success if the respective regions or states make arrangements that suit it, and supervise the work. Hence, it should be included in the region or state legislative list to enact laws concerning “freight handling”. As freight handling concerns the labour affairs, the respective regions or states will have to look into the matter in accord with the specific rules prescribed by the Pyidaungsu Hluttaw.

Respected Chairman,
Just as there will be museums and libraries under the management of the Union, it will be also necessary to open museums and libraries under the supervision of the region or state concerned in the country.

Each of the national races residing in our country has their own cultures and traditions. Priceless are such kind of cultural heritage for our country, and they can be found in respective regions and states. The National Convention has laid down a basic principle that goes. “The State shall help for development, consolidation and preservation of national culture.” If the region and state concerned are tasked to systematically supervise the perpetuation and preservation of cultural heritage on their own account, success can be achieved in such measures since the own cultural heritage of national races exist in respective regions and states.

Therefore, it should be included in the Legislative list of the region or state to enact laws, as necessary, in connection with “(a) preservation of cultural heritage and (b) museums and libraries, for which the region or the state has the right to supervise”.

Respected Chairman,
Myanmar
citizens living in urban and rural areas across the country have a tradition of enjoying the entertainment such as Anyeint, drama, movie and video show in their free times to relax their mind and body. A variety of such entertainments are launched in respective regions all the year round according to their seasons. Not only Anyeint and drama, as in the past, but also movie and video show are now presented occasionally in buildings. Photo exhibitions and contests as well as painting and sculpture exhibitions and contests are organized separately or in drama shows. In this context, it is found to be necessary to make arrangements for supervising the organizing of such entertainments systematically in consistence with the law, the security condition and health condition of the region or the state concerned.

Therefore, it should be included in the Legislative list of the region or the state to enact laws, as necessary, in connection with “(1) opera house, cinema hall and video house and (2) photo, painting and sculpture exhibitions”.

Respected Chairman,
What I have dealt with so far is the matters that should be put in the social sector in order to include them in the Legislative list of the region or the state. They are:

1. traditional medicines that are not contrary to traditional medicine policies set by the Union
2. birth and death registration,
3. social welfare tasks in regions or states,
4. fire prevention,
5. freight handling,
6. matters for which the region or the state has the right to supervise:
(a) preservation of cultural heritage
(b) museums and libraries
7. opera house, cinema hall and video house, and
8. photo, painting and sculpture exhibitions.

The delegates to the National Convention are to give suggestions as to whether or not the detailed basic principles should be laid down to include them in the Legislative list of the region or the state to enact laws, as necessary, in connection with the matters mentioned above.


Clarifications of National Convention Convening Work Committee Member Supreme Court Justice U Tin Aye

Management Sector

Respected Chairman,
I will continue to explain the findings of the National Convention Convening Work Committee. They are: of the legislative powers relevant to the management sector, what sort of legislative power should be distributed to Union legislative bodies, and what sort of legislative power should be distributed to legislative bodies of the region or state in their exercise of the power-sharing policy by the legislative bodies of Union
and the region or state.

The matters involved in the management sector are: general administration, rural and urban area management, house rent and land rent, narcotic drugs and psychotropic substances, state secrets, associations, prisons, border area development, citizenship, the naturalization and revocation of citizenship, census, titles, decorations and medals, development affairs, human settlement and housing development, and civil planning.

The matters related to general administration included in the management sector are especially numerous and vast. Administration, it seems, has different dimensions. Just as there are urban administration and rural administration, there are also administrations regarding the forestry, land, agriculture, mineral, and water and air transport. The authorities concerned have to carry out administrative jobs within the frame of the laws enacted by legislative bodies in connection with the matters involved. The principle meaning of general administration is that general administrative officers working in respective townships, districts, divisions or states are to exercise the authority vested in them in accord with the laws enacted by legislative bodies. The service personnel taking charge of general administration were called township officer, district commissioner, deputy commissioner, division commissioner and secretary. Now, they are called township general administrative officer, district commissioner, and division or state commissioner, but the director-general of the General Administration Department at central level. The service personnel of general administration are also to carry out their responsibilities within the frame of the authorities vested in them according to the laws concerned.

The robust, swift, smooth, continuous and systematic movement of administrative machinery is crucial for the establishment of a modern and developed nation. Only then will a modern and prosperous nation we all desire be able to become a reality flawlessly. It is also necessary for responsible personnel who are to steer the administrative machinery of the State to possess well-rounded qualifications and high morality. To ensure the smooth, swift and systematic movement of administrative machinery of the modern and developed country we aspire, measures related to “general administration” should be taken on a national scale. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the matters mentioned above.

Respected Chairman,
The matters which I will continue to explain are those relevant to urban and rural management, human settlement and housing development and development affairs. Village area is referred to an area which is located out of urban area and which is set up for human settlement according to law by the authority concerned. Urban area is referred to either a certain area which is established according to law or a certain area which is designated as city according to the development affairs act. Only the officially authorized person has the right to designate a certain area as village or urban area. It is unallowable to establish an area as village or urban area on one’s own account although there settle a number of people collectively. It is incumbent upon those residing in rural or urban areas to be in harmony with the rules and regulations prescribed according to the existing laws. Special care must be taken to implement the tasks concerning the village and urban area management after taking into account the social, health and security points of view of the people living there. If the people of our country establish a place of their choice as a village or urban area of their own accord and settle there, it will amount to violation of laws.

In the place which has been designated as village area in accord with the law, permission must be sought from the authorities concerned to build houses, to fence them and to dwell in them. As for the people residing in places designated as village areas, it is also necessary for them to be in harmony with the standards set by the authorities concerned from the security and health points of view when they build houses on the plots allotted to them. In case of the need to enact laws, measures should be taken for the termination of a certain village which has been designated as village area and the shifting of that village to a suitable place in view of public interest, designating it as a new village area, the extension of its area, the collection of the expenditure; and for the designation of a new urban area, land lease for plots in the designated village area, the issuing of temporary licence, the issuing of tax-exempt land grant for use in social or religious matters, the issuing of land grant to set up an ordination hall, the extension of urban area, and the designation of land for lakes and graveyard. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the village and urban area management.

Respected Chairman,
Among the people living in urban areas, there are those who live in houses of their own. On the other hand, there are those who cannot afford such accommodations. As for them, they have to live places rented from landlords and house owners. Moreover, accommodations are also rented for economic reason. A study of the course of history of Myanmar
regarding house rental and land rental will indicate that those trying to escape the scourge of war re-entered the urban area after the Second World War. In the wake of the war, Urban Rent Control Order 1946 and Urban Rent Control Act 1948 were introduced with the aim of protecting those who were in difficulty to find accommodations from being bullied by landlords and houseowners. Those laws were just enacted on a temporary basis in time of emergency. As for Urban Rent Control Act, it expired in 1958. Urban Rent Control Law was enacted in 1960. Though not much different from Urban Rent Control Act 1948, it is still in effect up to now as there is no limitation for its duration.

As the country has become modernized and developed, population, businesses and industries are on the rise in number than they were before. Population grows as a consequence of increasing economic undertakings and industries and a large number of people moving to urban areas for business reason. There are house rent and land rent in the urban area on account of growing demand for accommodations, undertaking of businesses and construction of factories and workshops. Only when measures are taken for such matters on a national scale in harmony will there be equality and uniformity. Therefore, it should be included in the list of Union Legislation to enact laws, as necessary, in connection with “house rent and land rent”.

Respected Chairman,
It is found that in the times of our own rule, Myanmar
people were not in the habit of growing poppy, a major substance of narcotics. After occupying our country unfairly, the expansionists introduced poppy cultivation and opium trade on Myanma soil for their own benefits. Since then, poppy cultivation and opium trade have spread in our country. Therefore, they are the ill legacy left by the colonialists. Although growers and trades found this business profitable, the life of abusers ends up in vain. Opium Act, Excise Act and Dangerous Drugs Act enacted by the colonialists failed to effectively curb such businesses.

Regarding as a national concern, our country is taking measures to eliminate the narcotic drugs threatening the entire mankind. In doing so, our country accepted the 1961 Single Convention on Narcotic Drugs. Moreover, with the aim of implementing the convention and eradicating the danger of narcotic drugs capable of terminating the mankind and human lives, our country enacted 1974 Narcotic Drugs Law. In line with that law, our country took effective measures to erase the danger of narcotic drugs on its own accord as well as in cooperation with UN agencies and other nations.

While our country is continuously and strenuously endeavouring to put an end to narcotic drugs, the danger posed by stimulants, ecstasies and psychotropic substances is growing day after day and threatening the whole mankind in the world. Therefore, the United Nations prescribed a convention against the illegal trafficking of narcotic drugs and psychotropic substances in 1988. Myanmar also took part in that convention. In accord with that convention, the State Law and Order Restoration Council enacted Narcotic Drugs and Psychotropic Substances Law in 1993. Moreover, progressive efforts have been made with added momentum concerning the elimination of narcotic menace, which is regarded as a national concern, to an extent that announcement could be made to the world, declaring Mongla region in eastern Shan State to be an opium-free zone. The Government is also striving for the establishment of other regions in Shan State as opium-free zones. Furthermore, measures are also being taken through the implementation of the 15-year plan (1999-2000 to 2013-2014) for elimination of narcotic drugs from all over the country.

In gearing up for narcotic drug elimination tasks, our country is taking measures under the UNDP and international drugs elimination programmes, as well as in cooperation with neighbouring countries —Laos, Thailand, China and Vietnam—and also with Russia.

It is necessary for the people of our country to play their parts as a national concern in the elimination of narcotic drugs menacing the mankind. Moreover, cooperation is also to be made with UN agencies and foreign countries, if need be. Success will be achieved only when harmonious efforts are made in all regions throughout the country. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with ‘narcotic drugs and psychotropic substances’.

Respected Chairman,
When taking measures to implement the three pillars for sovereignty of the country—legislative power, executive power and judicial power, there are some issues to be kept as secret according to time and condition. Regarding such secrets of the State, those at different levels taking charge of legislative machinery or administrative machinery or judicial machinery or functions relevant to the three powers are responsible to prevent the leakage of State secrets. There are State secrets in governmental offices and departments at township level, district level, region and state level and central level. In this context, measures should be taken on a national scale in uniformity to keep State secrets. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with “security of State secrets”.

Respected Chairman,
Citizenry of all free countries are granted to the rights to join associations and organizations and to form them. When it comes to forming associations and organizations, there will be a diversity of groupings for religion, social affairs, labour, arts and sports. Similarly, there will also be associations concerning the professions, such as medical associations, engineering societies, lawyers associations and so on. These organizations and others are formed at ward and village levels, township level, district level and so on. In this context, such groupings should abstain from the acts that harm the public safety and tranquillity and smear the public morale. It is also especially necessary to keep to the laws in forming associations. In this context, there should be common practice and uniformity on a national scale. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with “associations”.

Respected Chairman,
I will now continue to explain matters related to prisons and prisoners. The State builds prisons in appropriate places to house those who got jail term as they were found guilty after the courts concerned in the country had heard the case according to the law; offenders out of those on trial at the courts concerned who are detained in jail by order of the court while the case is still pending; and those detained by order released according to the law concerned. Moreover, it also issues rules relevant to prisons and prisoners. The prison department is responsible to choose the prisons for detainees by taking into account the duration of prison term they receive and their age. Responsible officials have to take charge of inspection and supervision at times to ensure the systematic arrangements for prisoners. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with all the matters related to prisons.

Respected Chairman,
What I am going to explain is border area issues involved in the management sector. While the Union of Myanmar was under the colonialists’ rule, all-round development of our national races residing in border areas was ignored. Their reason was that there was no condition beneficial to them in those areas. Also in the post-independence period, the border areas and the national races living there were not in frequent contact with other areas and the national races living there on account of the geographical condition, difficult accessibility and internal instability. As a result, the border areas lagged behind in all aspects such as economy, social affairs, education, health and transport, when compared to other areas of the country. The development of economy, transport, education, health and social affairs in border areas will bring prosperity to there. The National Convention has laid down a fundamental principle: “The State shall help promote socio-economic development including education, health, economy, transport and communications of less developed national races.”

Regional development measures are being taken all over the country including border areas, upholding our three main national causes—non-disintegration of the Union, non-disintegration of national solidarity and perpetuity of sovereignty. In this regard, the Central Committee for Development of Border Areas and National Races and the Work Committee were formed, and efforts are being made to implement border area development tasks effectively and systematically by laying down projects. The Ministry of Progress of Border Areas and National Races and Development Affairs, which had not existed before, was also formed. Now, the ministry is implementing the projects relating to development of border areas, joining hands with local national races. Of the border areas, some had suffered the scourge of internal upheaval for many years. It being the areas out of the stretch of Government’s administrative power and with little contact with government service personnel, the language, literature and culture of neighbouring countries exerted an influence on them.

In a bid to enable social, economic and administrative sectors crucial for the State and development of border areas to take shape as early as possible, efforts are under way to implement economic infrastructure such as road, bridge, energy, construction and communication; social infrastructure such as education, health and public relations; and economic activities such as agriculture, meat and fish, forestry, mining and trade. Thanks to assiduous efforts made by the Government, border areas are now undergoing unprecedented affluence, unlike in the past. There should be coordinated efforts among related departments so that tasks for development of border areas can be carried out successfully in respective border areas in a harmonious way. Thus, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the matters mentioned above.

Respected Chairman,
Now, I am going to explain matters relevant to citizenship, the naturalization and revocation of citizenship, citizenship scrutiny, national registration, and census, which are covered in the management sector. One of the basic principles formulated by the National Convention is: All persons born of parents both of whom are nationals are citizens; all persons who have become citizens in accord with law on the date the State Constitution comes into force are citizens; and citizenship, naturalization and revocation of citizenship shall be as prescribed by law.

Absolutely imperative for the country are such matters as citizenship, and the neutralization and revocation of citizenship. Special care must be taken in dealing with them. Should a person whose application for citizenship proved unsuitable be granted citizenship, it would produce dangerous and fruitless consequences in the long run for the country. Similarly, should a person whose citizenship proved not to be revoked be deprived of his or her citizenship, it is likely that he or she would suffer losses.

Moreover, were he or she beneficial to the country, the country would also suffer losses. It is necessary to have precise and correct censuses of the people residing in our country when it comes to drawing plans needed for establishing the State into a modern and developed one. Only when the plans drawn on the ground of the precise and correct population records are implemented will success be achieved.

For population data to be precise and correct, the State conducts population inquests and takes census at times. In doing so, census is taken by fixing date and time for the population record of a country. As it is natural that people are born and dead, the comprehensive population records are to be compiled through a calculation of the annual population record with the rate of annual population growth. In doing so, the United Nations Fund for Population Activities provides necessary assistance. Based on the official population records collected by the Immigration and Population Department, the rate of annual population growth is figured out and fixed in line with the internationally accepted methods in cooperation with invited experts of relevant fields. Among the people residing in our country are citizen by birth, those who are granted citizenship and foreigners. the Immigration and Population Department is now taking charge of carrying out the matters relevant to registration and census.

Now, I have presented the matters relevant to citizenship, the neutralization and revocation of citizenship, census, national registration, which are involved with all the people residing in the country. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the said matters.

Respected Chairman,
Now, I will continue to clarify matters related to titles and honourary awards, which are included in the management sector. Since the time when we, Myanmar
people, lived under our own rule, the kings, heads of State, praised those from ministers and commanders down to servants by confering appropriate titles, honourary awards on them for their excellent service to the country. Religious titles were also conferred on members of the Sangha who deserved them. Rules are promulgated regarding honourary titles and medals in every independent and sovereign nation. It is usual that the leadership of a country decorates appropriate persons on great occasions and on days of great significance.

Also in our country from the post-independence period to date, the Government designates honourary titles and medals depending on time and condition in order to award those for their excellent performance in administrative or social or economic spheres. The leadership of the State has a tradition of decorating appropriate persons with honourary titles and medals on days of great significance. Religious titles are also designated and conferred on appropriate members of the Sangha and lay persons. As for military titles and medals, the honourary titles and medals to be decorated by Head of State himself, are also awarded by him.

The President of the State will assume the responsibility as the Head of State when the new Constitution has been formulated in our country. Therefore, it should be included in the Union Legislative list to enact laws, as necessary, in connection with the honourary titles and medals to be awarded by the President.

Respected Chairman,
Matters covered by the Management Sector that should be included in the Union legislative list may be put together as follows:

1. General administration
2. Management of village and urban areas
3. House rent and land rent
4. Narcotic drugs and psychotropic substances
5. State secrets
6. Associations
7. Prisons
8. Border area development
9. Census
10. Citizenship, naturalization, revocation of citizenship, citizenship scrutiny and registration
11. Titles and decorations

I have clarified the above matters for the National Convention delegates to discuss and make suggestion on whether to lay down the detailed basic principles to include in the Union Legislative list to enact laws, as necessary.

Respected Chairman,
I will now explain the management matter that should be included in the Region or State Legislative list to enact laws, if necessary.

I will clarify the human settlement and housing development matters and development affairs covered by the management sector. Human settlement and housing development matters and development affairs are related to each other. Their functions take care of the way of living, welfare, convenience and physical and spiritual well-being of the people residing in the development area. So, their tasks require to keep in touch with the public daily. These tasks include development of the human settlements; building, repair, maintenance and demolition of houses; removal, shifting and settlement of squatters, building, repair and maintenance of roads and bridges; establishment, repair and maintenance of parks, gardens, playgrounds and rest and recreation centres; street lights, water supply and sanitation; building, repair, maintenance and management of markets; and enforcement of discipline to be followed by motor vehicles and slow-moving vehicles and roadside shops. These tasks can be speedily, effectively and successfully carried out if permission is granted to do so according to the time and circumstances within the officially designated development areas in the Regions or States. Hence, it should be included in the Region or State Legislative list to enact laws, if necessary, in connection with these tasks.

Respected Chairman,
I will clarify the honorary titles and decorations included in the management sector. As I have explained above, there will be honourary titles and medals awarded by the President or the Head of State. Similarly, the respective Prime Ministers of the Region or State will also occasionally confer titles and medals on whom honour is due. It should be included in the Region or State Legislative list to enact laws, as necessary, to enable the Prime Ministers of the Region or State concerned to do so under the topic, 'titles and decorations'.

Respected Chairman,
Management matters that should be included in the Region or State Legislative list may be put together as follows:

1. Development affairs
2. Human settlement and housing development
3. Honourary titles and medals

Hence, National Convention delegates are to discuss and make suggestions on whether to lay down the detailed basic principles to include in the Region or State Legislative list concerning the above matters.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/nc200504_4.pdf and http://www.ibiblio.org/obl/docs/NLM2004-05-21.pdf