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ARCHIVES	Tuesday, 5 December 2006	THE MYANMAR TIMES

Nay Pyi Taw, 5 Dec— On the occasion of the birthday anniversary of His Majesty King Bhumibol Adulyadej which falls on 5 December 2006, Senior General Than Shwe, Chairman of the State Peace and Development Council of the Union of Myanmar, has sent a message of felicitations to His Majesty King Bhumibol Adulyadej, King of Thailand.

Nay Pyi Taw, 4 Dec— Senior General Than Shwe, Chairman of the State Peace and Development Council of the Union of Myanmar, has sent a message of sympathy to Her Excellency Madame Gloria Macapagal Arroyo, President of the Republic of the Philippines for loss of lives and damages caused by the recent Durian Typhoon and torrential rains in Albay of the southern Philippines.

Nay Pyi Taw, 4 Dec— Vice-Senior General Maung Aye, Vice-Chairman of the State Peace and Development Council of the Union of Myanmar, has sent a message of sympathy to His Excellency Mr Noli de Castro, Vice-President of the Republic of the Philippines for loss of lives and damages caused by the recent Durian Typhoon and torrential rains in Albay of the southern Philippines.

Nay Pyi Taw, 5 Dec— On the occasion of the birthday anniversary of His Majesty King Bhumibol Adulyadej which falls on 5 December 2006, General Soe Win, Prime Minister of the Union of Myanmar, has sent a message of felicitations to His Excellency General Surayud Chulanont, Prime Minister of the Kingdom of Thailand.

Proposals of Delegate Group of Peasants on chapters “Election”, “Political Parties” and “Provisions on State of Emergency” submitted to Plenary Session of National Convention

Yangon, 4 Dec — Three delegates presented proposals of Delegate Group of Peasants on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution at the Plenary Session of the National Convention which continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties of National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, 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, 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 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, 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, Shan State (South) Special Region-6, 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 Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had returned to the legal fold.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

U Kyaw Win Tun of Delegate Group of Workers presided over the Plenary Session of the National Convention together with, Member of NCCWC U Myo Thant (Maung Hsu Shin), U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia, U Tin Kha of Delegate Group of State Service Personnel and Dr Manan Tu Ja of Delegate Group of Other Invited Persons.

Director (Meeting) U Than Aung of NCCWC Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-MC.

The MC declared the start of meeting as 1,069 out of 1,080 delegates were in attendance, accounting for 98.98 per cent, and the plenary session commenced with the permission of the meeting chairman.

Proposals on the detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution made by Delegate Group of Peasants were presented to the Plenary Session. First, U Soe Naing of Myaungmya Township, Ayeyawady Division, presented proposals on the Chapter “Election” and U Mann Abi of Hpa-an Township, Kayin State, on the Chapter “Political Parties” and the Plenary Session took a break at 9.35 am.

When the Plenary Session resumed at 9.50 am, U Haung Gyone of Waimaw Township, Kachin State, presented proposals on the Chapter “Provisions on State of Emergency”.

Entrepreneurs must not be content with increase in sale of gems and jade but to strive for sale of finished products

Yangon, 4 Nov—The Leading Committee for Development of Myanma Gems Industries held its meeting No 4/2006 at the hall of Myanma Gems Mart on Kaba Aye road here this after-noon with an address by Chairman of MGIDC Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.

Also present on the occasion were members of the Leading Committee ministers, the Chief Justice, the Attorney-General, members of Gems Supervisory Central Committee, officials of the State Peace and Development Council Office and others.

In his address, Chairman of the Leading Committee Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein said that the gems industry is not only a lucrative one that generates foreign exchange for private entrepreneurs who are engaged in gems mining together with the government on a mutually beneficial basis but a foreign exchange earner for the State. The demand of jade is greater than that of pearl and gems.

He added that earnings from the sale of jade, gems and pearl at present are more than those of the past with the emergence of jade markets in neighboring countries where jade is in great demand. Myanmar is the only nation that produces high quality jade in Asian region.

The government will give priority to the national peoples who themselves are engaged in the gems industries putting their capital into the business in accord with one of the four economic objectives—the initiative to shape the national economy must be kept in the hands of the State and the national peoples. But scrutinization is to be made on whether the capital is illegal earnings or not, he noted.

As the gems mining work used to start in the open season it is required to grant permit for mining plots in time. And supervision of mining, transport and sale of gems and jade is to be made in line with rules and regulations of the Myanma Gems Enterprise.

As the sale of gems and jade at the Myanmar Convention Centre of Yangon City Development Committee has been permitted, no entrepreneurs found it difficult in the sale of gems and jade. The entrepreneurs must not be content with an increase in the sale of gems and jade but to strive for the sale of finished products rather than raw materials to earn more foreign exchange.

Only then, will the gems industry develop, he stressed. The development of the gems industry will contribute to development of the Hotels and Tourism Service and other industries, thereby creating job opportunities. And officials of the Ministry of Mines are to supervise the mining work in accord with the guidance of Head of State Senior General Than Shwe so that forest, rivers, creeks, villages and roads will not ruin and deplete, he disclosed.

Afterwards, member of the Leading Committee for Development of Myanma Gems Industries Minister for Mines Brig-Gen Ohn Myint reported on earnings of the State and privates from the gems industries, the yearly sale of Myanma Gems Emporia, market of Myanma gems and jade, gems and jade industries being undertaken by the government and privates on a mutually beneficial basis and granting permits for gems and jade plots in line with rules and regulations to the Secretary-1.

This was followed by a general round of discussions. The meeting ended with the concluding remarks by Chairman of the Leading Committee Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.

The chapter “Provisions on State of Emergency” is required for nation to safeguard sovereignty and to secure public lives in accord with the constitution

Yangon, 4 Dec— The following are the proposals submitted by independent representatives-elect U Tin Win of Kyaiklat Township Constituency-2, U Thein Kyi of Taungdwingyi Township Constituency-1, U Hla Soe of Minbu Township Constituency-2, U Mya Hlaing of Twantay Township Constituency-2, U Kyin Win of Mingaladon Township Constituency-1 and U Tin Tun Maung of Mingaladon Township Constituency-2 on the detailed basic principles for the Chapter “Provisions on State of Emergency” to be included in the State constitution at the Plenary Session of the National Convention in Nyaunghnapin Camp in Hmawby Township, Yangon Division on 30-11-2006.

I am U Tin Win, an independent representative-elect of Kyaiklat Township constituency 2. Other independent representatives-elect, U Thein Kyi of Taungdwingyi Township Constituency 1, U Mya Hlaing of Twantay Township Constituency 2, U Hla Soe of Minbu Township Constituency 2 and U Tin Tun Maung of Mingaladon Township Constituency 2 compiled the paper together with me.

World nations write their constitutions based on their social, economic, political and historical conditions. We are drafting our constitution based on our objective social, economic and political conditions and the affairs of the national races. The situation that is better than the times during which 1947 Constitution and 1974 Constitution were drafted is the emergence of the National Convention. Various national races and people of all walks of life from the entire nation are taking part in laying down and adopting the detailed basic principles at the National Convention in the interest of the nation and the people. I will now discuss the chapter “Provisions on a State of Emergency” included in the 15 chapters to formulate the Constitution.

The provisions on a state of emergency are essential for the constitution. The chapter is required for the nation to safeguard sovereignty and to secure public lives in accord with the constitution in a state of emergency that is unforeseeable. Myanmar has been extending good-neighbourly relations with her neighbours. But some of the faraway global powers tried to break up the national unity in the past and they are still trying to do so at present too. Hence, all the national races will have to nurture patriotism through mutual trust and goodwill. If we all have firm patriotism, there will be no reason for the nation to face a state of emergency, except from natural disasters.

Emergency matters need prompt action. Let alone the nation, even a family or an individual person can face an emergency problem resulting from health, economic or social matters. If such problems cannot be solved immediately, the family or individual person may face various sufferings. So, preparations should be made in advance to address the emergency problems. A nation or a region also is required to make programmes in advance to solve the emergency problems.

We have assessed and discussed the explanations made by the Chairman of the National Convention Convening Work Committee from all angles. As an ordinary person, we study the matters concerning the capacity to protect public lives and property effectively within a short time. Our study from the political point of view includes the matters concerning the empowerment of State power, means to fulfill citizens’ fundamental rights and re-establishment of a true democratic system. We find that the Work Committee Chairman’s explanations cover all the above-mentioned social and political matters.

A state of emergency may occur in a nation where there arises a threat endangering the national defence and security and the rule of law in some regions or in the entire nation, or a foreign military intervention, or a natural calamity. In this situation, the Head of State will have to declare state of emergency and take necessary measures to restore the situation into normalcy as he is entrusted with the power to do so by the Constitution.

It is more proper for the President to consult with the National Defence and Security Council than decide on his own before declaring a state of emergency. Concerning the Regions and States and self-administered areas, the following point should be adopted.

“1. If the President learns that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue an ordinance having the force of law to declare a state of emergency.”

The ineffectiveness of the administrative machinery will lead to jeopardizing the community peace and the rule of law. In such situation, it is specially necessary for the President of the State to be empowered to exercise executive power to restore the rule of law and the community peace. It is not easy for the President to carry out the task alone. The power to do so should be vested in an organization formed with suitable persons of the respective regions or a suitable person to carry out the task on behalf of the President.

It will be necessary for the President to exercise the legislative power of the Region or State or the Self-Administered Area in addition to exercising the executive power. But it should be the legislative power that concerns only the executive functions.

“2. In the matters concerning the declaration of a state of emergency in accord with the paragraph 1, the President shall have the power to:

“(a) exercise the executive power of the Region or State or Self-Administered Area concerned. Moreover, he shall form a suitable organization and entrust the executive power to an organization concerned, or to a suitable person.

“(b) In doing so, out of the legislative matters of the respective Regions and States and the Self-Administered Areas, the President shall have the power to exercise the legislative power concerning the executive affairs. But the legislative power shall not be entrusted to any organization or any person.”

The President will have to declare a state of emergency after consulting with the National Defence and Security Council in advance to protect public lives and property and restore regional stability, community peace and the rule of law. But if not all the members of the National Defence and Security Council are present at the meeting with the President, he should declare a state of emergency after making coordination with the Commander-in-Chief of Defence Services, the Deputy Commander-in-Chief of Defence Services, the Minister of Defence and the Minister of Home Affairs, and the matter must be submitted to the NDSC soonest for approval. So, public lives and property can be saved in time.

We are in favour of supporting the following point to be adopted as detailed basic principle:

“3. (a) when there arises or there is sufficient reason to occur a state of emergency endangering life and property of the people in a Region or a State or a Self-Administered Area or in any part of them, the President after consulting with the National Defence and Security Council may issue an ordinance having the force of the law to declare a state of emergency.

“(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President, may after coordinating with the Commander-in- Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the inister of Defence and the Minister of Home Affairs who are members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”

Martial law should be issued, if the measures being taken by the local administrative and civil bodies with the help of the Tatmadaw are ineffectiveness and the danger is not dying down as it should be. It is opined that there should also be a detailed basic principle concerning the issuance of martial law. The decree of martial law should include administrative powers and functions and judicial powers and functions of the administrative bodies.

Concerning the declaration of martial law, we suggest that the following point should be adopted.

“4. In connection with the declaration of a state of emergency in accord with the paragraph 3, the President shall:

“(a) take the assistance of the Tatmadaw to ensure local administrative bodies and members, and civil bodies and members to effectively carry out their functions in accord with the existing laws in order to swiftly restore the situation of an area where a state of emergency has been declared.

“(b) declare martial law. In doing so, the President shall prescribe in the martial law order the administrative powers and functions and judicial powers and functions concerning community peace and the rule of law entrusted to the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services shall exercise the powers and functions or empower them to a suitable military administrative official.”

The President in declaring a state of emergency or issuing martial law order should issue an ordinance in line with the powers and functions vested in him. But the state of emergency should be only for the specific area and should include a specific period. If the area is not designated precisely, there can be difficulties in carrying out the functions. Similarly, if the time is not fixed precisely, there can be legal disputes concerning the date on which a state of emergency comes into force. Thus, the ordinance issued by the President should include the fixed time and the specific area.

If the President declares a state of emergency, the people of the inclusive area cannot enjoy all the rights ensured by the Constitution. In connection with the matter, we agree that the following point should be adopted.

“5. The President when issues an ordinance having the force of law and declares a state of emergency, shall:

“(b) if necessary, restrict or revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.”

It is necessary for the President to submit the ordinance to the Pyidaungsu Hluttaw for approval. The President should submit the ordinance to the nearest session of the Pyidaungsu Hluttaw or should call the Pyidaungsu Hluttaw if it is not in session for approval. There should be a fixed period to seek the approval.

Concerning the matter of seeking Pyidaungsu Hluttaw approval by the President after promulgation of an ordinance to declare a state of emergency, the following detailed basic principle should be adopted.

“6. The President from the date of the promulgation shall present the measures taken in accord with the paragraphs 1 and 2 and the measures taken in accord with the paragraphs 3 and 4:

“(b) shall cause to convene a special session of the Pyidaungsu Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days.”

The power to issue an ordinance is vested in the President in accord with the rules. Rules must be written in accord with the nation’s geographical and other situations. There shall be provisions stating the period in which the ordinance must be submitted to the Pyidaungsu Hluttaw and the period during which an ordinance is still in force. The ordinance after having been passed by the Hluttaw will have force of a law enacted by the Hluttaw. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.

“7. (a) If the Pyidaungsu Hluttaw session approves the submission of the President concerning the matters prescribed in the paragraph 6, the ordinance having the force of law shall be still in force till the fixed time and date.

“(b) In addition to the approval, if the period of the ordinance is extended, the ordinance having the force of law shall be still in force till the extended time and date.

“(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw session.”

In certain cases, the nation may lose sovereignty because of insurgency, unrest and terrorist acts it faces in a certain area or region or in the whole nation. The worst is that the nation will fall under colonization due to the loss of sovereignty and independence. Myanmar has faced such situations in history. If such situation arises, the President must declare a state of emergency in time. As it has already been explained, the President should consult with the National Defence and Security Council, formed to advise the President concerning national defence and security issues, in advance, rather than doing it alone. He should issue an ordinance in declaring a state of emergency. The promulgation of the ordinance should include the duration of the ordinance that is in force in the entire nation.

As regards such situation, the following detailed basic principle should be adopted.

“8. When there arises or there is sufficient reason to arise a state of emergency that may cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power or attempts by wrongful forcible means such as insurgency or violence, the President after consulting with the National Defence and Security Council shall proclaim an ordinance and shall declare a state of emergency. The proclamation shall stipulate that the area that the ordinance is in force is the entire nation and that its duration is one year from the date it is proclaimed.”

In declaring a state of emergency, the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief of the Defence Services to enable the latter to take necessary measures in order to restore the nation to normalcy.

The Commander-in-Chief of the Defence Services will be empowered to exercise all the powers and functions of the President, the Vice-President, members of the Union Government, members of the governments of Regions and States and the Self-Administered Areas beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services automatically. After the State power has been transferred to the Commander-in-Chief of Defence Services with the approval of the National Defence and Security Council, he will have the power to enact necessary laws for the nation.

The period for the Commander-in-Chief of Defence Services to exercise the State power is fixed at one year beginning from the date of the transfer. If the national peace and stability is restored to normal during the one year, the Commander-in-Chief of Defence Services will transfer the State power back to the President who had entrusted the State power to him. If the term of the respective Hluttaws is not ended yet when the Commander-in-Chief of Defence Services transfers back the State power to the President, those Hluttaws should carry out the legislative functions till the end of the term. But if their term is ended, those Hluttaws are automatically dissolved. Hence, the President should cease the power to enact laws of those Hluttaws at the time when the President has empowered the Commander-in-Chief of Defence Services to exercise the State power.

“9.(a) In declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander in-Chief to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice President, assigned with the approval of the Hluttaws in accord with the Constitution are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief."

The Commander-in-Chief of the Defence Services who has been transferred the State power will have to strive to restore State stability, community peace and the rule of law back to normal. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers.

As regards the exercising of the legislative, executive and judicial powers by the Commander-in-Chief of the Defence Services who has been empowered to do so, we agree that the following detailed basic principle should be adopted.

“10. The Commander-in-Chief of the Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers.”

If the state of emergency declared by the government is not sufficient, the President will have to empower the State power to the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services, as he is going to strive to the best of his ability to restore national peace and stability and safeguard sovereignty can have the power to restrict a provision or provisions concerning the fundamental rights of citizens. Only then will he be able to end disturbances soonest and create a peaceful situation.

Concerning the restriction of fundamental rights of citizens during a state of emergency, the following detailed basic principle should be adopted.

“11. The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary.”

The acts of the President concerning the transfer of power to the Commander-in-Chief of the Defence Services by him should be in accordance with the Constitution, and the Commander-in-Chief of the Defence Services will have to do his best for the accomplishment of his task in exercising the State power during the fixed period in accordance with the Constitution. If there is a firm reason that the matter cannot be accomplished in the specified time, the period should be extended. A detailed basic principle should be laid down to fix the length of time for each extension period.

The President should submit the matter concerning the empowerment of State power to the Commander-in-Chief of the Defence Services at the Pyidaungsu Hluttaw if it is in session and convene an emergency session of the Pyidaungsu Hluttaw to present the matters if the Pyidaungsu Hluttaw is not in session. For the matter concerning the extension of the period, he should convene an emergency session to submit the matter to the Pyidaungsu Hluttaw. But the approval of the Pyidaungsu Hluttaw it not enough. As it is a matter of transferring the State power, it is assumed that it will be appropriate only if the President submit a separate report concerning the matter.

Hence, concerning the report and extension of the period in transferring the State power, the following detailed basic principles should be adopted.

“(a) proclaim a state of emergency according to the paragraphs 8 and 9 and shall submit the matter concerning the transfer of State power to the Commander-in-Chief of the Defence Services to the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is in session, and shall convene an emergency session if the Pyidaungsu Hluttaw is not in session to submit the matter.

“(b) normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

U Thein Kyi of Taungdwingyi Township constituency 1 will continue to present the paper.

The Commander-in-Chief of the Defence Services after accomplishing the functions assigned to him by the President should forward a report concerning his accomplished tasks to the President. The President after receiving the report will have to revoke the ordinance to transfer State power to the Commander-in-Chief of the Defence Services. But the period in which the Commander-in-Chief of the Defence Services presents the report will be in the term of the Pyidaungsu Hluttaw or after the end of the term of the Pyidaungsu Hluttaw. There should be the principles concerning the date to revoke the ordinance it the term of the Pyidaungsu Hluttaw is not ended yet, and the date to revoke it if the term of the Pyidaungsu Hluttaw is ended.

“13. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commander-in-Chief of the Defence Services if the term of the Pyidaungsu Hluttaw is ended.”

All the ministers of the Union Government and members of the leading bodies of Region and States and Self-Administered Division and Self-Administered Zones, expect from the President and Vice-Presidents, are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services. It is required to form new constitutional bodies.

When the Commander-in-Chief of the Defence Services submits the report on his completion of the functions, the President shall annul the order suspending legislative functions of all Hluttaws and leading bodies and should invest in them the legislative functions, their original duty.

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, revoke the suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

The Commander-in-Chief of the Defence Services in exercising the State power will have to consult with the National Defence and Security Council to achieve greater success in his functions. In addition to the President and the Vice-President, the Speaker elected by the Pyidaungsu Hluttaw and the Speaker elected by the Amyotha Hluttaw also should be members in the NDSC. Although the terms of Hluttaws have ended, the President, the Vice-Presidents, the Speaker elected by the Pyithu Hluttaw and the Speaker elected by the Amyotha Hluttaw should stay in power till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.

“15. Even though the term of the Pyidaungsu Hluttaw has ended the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.”

If the Commander-in-Chief of the Defence Services asks to extend the period of martial law as he has not completed the functions yet after the end of the Hluttaw term, the NDSC should give the green light. The NDSC should normally extend the period to six months at a time for two terms if the Commander-in-Chief of Defence Services presents a submission together with reasonable ground to him to extend the period if the Commander-in-Chief of Defence Services has not yet accomplished his task empowered to him.

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of the Defence Services has not yet accomplished his duty assigned to him” should be adopted.

If the Commander-in-Chief of the Defence Services submits the report on completion of his functions to the NDSC, the NDSC should annul the order to empower the Commander-in-Chief of the Defence Services to exercise State power.

“17. In connection with the matter of transferring the State power to the Commander-in-Chief of the Defence Services by the President after declaring a state of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief of the Defence Services shall, declare to annul the order empowering the Commander-in-Chief to exercise State power in accord with the paragraph 9” should be adopted.

The President after annulling the order to empower the Commander-in-Chief of the Defence Services to exercise the State power will have to hold a general election during the fixed period beginning from the date he abrogates the order. A new President should be elected in accord with the Constitution. The President should form the National Defence and Security Council and should empower it to exercise the State power during the interim period when the new President has not been elected yet. the NDSC should empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels during the interim period.

“(a) exercise the legislative power, executive power and judicial power before the Hluttaws are formed in accord with the Constitution

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels.”

In exercising the State power, the NDSC should form administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zones and the Pyidaungsu Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties.

“19. The National Defence and Security Council shall form the constitutional administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zones and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them” should be adopted.

A general election should be held within six months beginning from the date on which the order is annulled. The following detailed basic principle should be adopted.

“20. The National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled in accord with the paragraph 17.”

To run the State administrative machinery normally, the NDSC will form the bodies included in the paragraph 19 and assign duties to them. They should continue their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the election.

“21. The bodies formed according to the paragraph 19 shall continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election.”

The President will have to head the NDSC to exercise the State power provisionally. As the Head of State is the President, the NDSC is exercising the sovereign power of the State on behalf of the President.

“22. The National Defence and Security Council shall exercise the State power in the name of the President.”

The NDSC while exercising the State power will have to form administrative and judicial bodies. As they are serving the nation not in a peaceful and stable environment, they can face many difficulties. As they will have to do their duties at the risk to their lives, they should be protected by the Constitution. During the period of the declaration of a state of emergency or during the time the Commander-in-Chief of the Defence Services is provisionally exercising the State power or during the time the NDSC is provisionally exercising the State power, the measures taken by the military bodies and civil administrative bodies and the military and civil personnel on behalf of the President or the Commander-in-Chief or the NDSC should be legitimate. Concerning the matter, we suggest to adopt the following detailed basic principle.

“23. During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body , or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commander-in-Chief of Defence Services is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”

The para (8) states that the President after consulting with the NDSC issues the ordinance to declare a state of emergency and subpara (a) of para 9 states that in declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief of the Defence Services to enable the latter to take necessary measures in order torestore the nation to normalcy. Other detailed basic principles also states the duties of the President in a state of emergency. But there is no explanation concerning the persons who will discharge those duties on behalf of the President, if the President cannot discharge those duties as he is on a state visit to other nations, or on health grounds or other reasons. In our view, there should be a detailed basic principle concerning the person who will discharge the duties on behalf of the President in such matters.

We would like to suggest the Work Committee Chairman to present the matter concerning the person who will discharge the duties on behalf of the President in such matters.

The chapter on Provisions on a state of Emergency is an important and significant chapter of the Constitution. No one wishes to face a state of emergency, especially the ones caused by man as natural disasters are normally unavoidable.

We can prevent a state of emergency if all make collective efforts with conviction. The adopted detailed basic principles have permitted the freedom of expression, publishing, and holding peaceful assemblies and processions in accord with the fundamental rights of the citizens.

We should wisely realize our rights. Hence, the people should be imbued with broader political outlook, high intellectual level, and correct vision. Political parties where problems may originate should educate and organize the people to have wider political knowledge. In addition, they should settle the disagreements in the parliament and not in the streets. May the new peaceful, modern and developed democratic be free from all kinds of state of emergencies.With this we conclude our paper.

Nay Pyi Taw, 5 Dec— On the occasion of the birthday anniversary of His Majesty King Bhumibol Adulyadej which falls on 5 December 2006, U Nyan Win, Minister for Foreign Affairs of the Union of Myanmar, has sent a message of felicitations to His Excellency Mr Nitya Pibulsonggram, Minister of Foreign Affairs of the Kingdom of Thailand.

Nay Pyi Taw, 4 Dec— U Nyan Win, Minister for Foreign Affairs of the Union of Myanmar, has sent a message of sympathy to His Excellency Mr Alberto Gamaitan Romulo, Secretary of Foreign Affairs of the Republic of the Philippines for loss of lives and damages caused by the recent Durian Typhoon and torrential rains in Albay of the southern Philippines.

Yangon, 3 Dec—A ceremony to open the 45th Charity Fair of Hninzigon Home for the Aged was held in its compound in Bahan Township yesterday evening.

It was attended by Minister for Social Welfare, Relief and Resettlement Maj-Gen Maung Maung Swe, heads of department and officials under the ministry, social organizations, the Australian Ambassador, the Thai Ambassador, Chairman of the Administrative Body of the Home U Kyaw Shein and members, the aged, donors, guests and officials.

Next, the minister gave a speech. Minister Maj-Gen Maung Maung Swe, Chairman of Yangon West District Peace and Development Council U Aung Myint and Chairman of the Home U Kyaw Shein formally opened the charity fair.

Religious Affairs Minister accepts donations for monks from border and hilly regions

YANGON, 3 Dec—Minister for Religious Affairs Brig-Gen Thura Myint Maung, Pro-Rector (Admin) Dr Myint Kyi of International Theravada Buddhist Missionary University and officials attended a ceremony to accept donations for monks from border and hilly regions donated by wellwisher U Ba Thein and Daw Ngwe Tin to mark the 74th birthday held at the ministry this morning.

Firstly, wellwisher U Ba Thein explained the purpose of donation. Next, the minister accepted provisions worth K 5.2 million and presented certificate of honour to wellwishers.

Yangon, 4 Dec — Secretary-General of Union Solidarity and Development Association U Htay Oo met with executives and members of Thaton, Bilin and Kyaikto Township USDAs on 2 December.

At the meetings at the offices of the township USDAs, U Htay Oo called for implementing the nine future tasks laid down at the Annual General Meeting-2006 of USDA. He heard the reports of the respective township USDAs at the meetings and fulfilled the requirements of the regions.

During his tour of Mon State, USDA Secretary-General U Htay Oo went to the agriculture school in Thaton and called for boosting the agricultural production in the region. At the meeting, Thaton Township USDA contributed cash to the funds of the school.

Nay Pyi Taw, 4 Dec — Minister for Energy Brig-Gen Lun Thi inspected well PSC-2 in Pyaytaungdan oilfield in Bago Division (West) on 2 December.

Drilling is being carried out in cooperation with China National Petroleum Corporation (CNPC).

General Manager of Pyaytaungdan oilfield U Tin Maung Yi and Chinese technicians reported on drilling. The minister fulfilled the requirements.

The minister then presented a fruit basket to President of Chinnery Assets Ltd Mr Leizhengu. The minister inspected the drilling. He also visited natural gas booster.

On 3 December, the minister met managers of CNG filling stations in Yangon and efforts are to be made for opening of more CNG filling stations as the number of CNG-fired vehicles increases. Action will be taking against those who do not follow rules and regulations of the ministry, he warned.

The minister and Deputy Minister Brig-Gen Than Htay fulfilled the requirements of those present.

Nay Pyi Taw, 4 Dec — Minister for Industry-2 Maj-Gen Saw Lwin together with responsible personnel went on an inspection tour of Indagaw Industrial Zone in Bago Division on 2 December.

At a foundry shop of Myanma Auto and Diesel Engine Industry, general manager U Tin Pe briefed the minister on finished iron products, preparations for moulds production process of ironware and cast iron.

In connection with the reports, the minister gave instructions on striving for producing ironware to meet the set standards, management to be made for manufacturing more new machine parts and occupational safety measures.

Upon arrival at power-tiller engine workshop, general manager U Khin Maung Myint briefed the minister on production of engine parts of power-tiller, manufacturing of ironware by means of the machine centre, production process of power-tiller engines, maintenance of already-manufactured engines and attempts to distribute engines to the markets.

In response to the reports, the minister gave instructions on systematic measures to be made for boosting production of engines and spare parts, capable of running of machines with full capacity, arrangements to come up to expectations for expenditure and income ratio and distribution of finished products to the markets as soon as possible.

Yangon, 4 Dec — Minister for Forestry Brig-Gen Thein Aung, accompanied by departmental officials, visited the finished wood factory of New Brothers Ltd in Shwepyitha Industrial Zone-1 yesterday afternoon. Managing Director U Thein Aung reported on functions of the factory and Myanma Timber Enterprise Managing Director U Win Tun gave a supplementary report. The minister and party inspected sawn timber to be exported. The factory mainly produces sawn teak and Pyinkadoe and exports them to America, Europe, Thailand and China. Its capital investment is US $ 1 million plus K 500 million.

Next, the minister and party visited Sinma Furnishing Co Ltd in Shwepyitha Industrial Zone-4 where he inspected production process. The company has invested US $ 200,000 and K 500 million. Sawn timber such as In and Kanyin is exported to the Netherlands, Italy, England, Malaysia and Singapore.

This morning, the minister attended the paper-reading session on development of wood-based industry jointly organized by Malaysia Timber Council and Myanmar Timber Entrepreneurs Association at the Traders Hotel. Chairman of the association U Aung Lwin and Haji Hannafee Yusoff of Malaysia Timber Council spoke on the occasion. At the paper-reading session Malaysia Timber Council presented two papers and MTE and MTEA one paper each on development of wood-based industry.

Yangon, 3 Dec—The Basic Construction Course, the Electric and Welding Course, and the Mechanical Course concluded at the Border Area Youth Training School of the Ministry of Border Areas and National Races and Development Affairs in Mongla on 1 December.

Chairman of Shan State (East) Peace and Development Council Commander of Triangle Region Command Maj-Gen Min Aung Hlaing gave an concluding address.

Director-General U Than Win of the department presented prize to an outstanding trainee and certificates to the trainees.

A total of eight trainees attended the basic construction course, 12 at the electric and welding course and 14 at the course on mechanics.

YANGON, 4 Dec — Myanmar Women’s Affairs Federation commemorated the World AIDS Day at the office of MWAF here today.

Deputy Minister for Health Dr Mya Oo delivered an opening address at the ceremony to mark the occasion.

It was attended Vice- President of MWAF Daw Khin Thet Htay and CECmembers of MWAF, Vice President of Myanmar Maternal and Child Welfare Association Daw Aye Aye and CEC members, responsible persons of Ministry of Health, representatives of UN agencies, the chairperson of Yangon Division WAO and guests.

Vice-President of WAF Daw Khin Thet Htay also delivered an address on the occasion.

YANGON, 4 Dec — Course on management of blood banks was opened today at Traders Hotel here.

Director-General of the Health Department Dr Tin Win Maung and Resident Representative of WHO Dr Hons Kluge delivered addresses at the opening ceremony. The opening ceremony was also attended by officials of Health Department, WHO, medical superintendents, doctors and guests.

NAY PYI TAW, 4 Dec —Altogether 104,000 stimulant tablets bearing the word WY worth K 416 million were seized in Tatwin Village in Hopin Township, Kachin State on 2 December.

Officials of Myitkyina Township anti-drug squad, acting on tip-off, searched the house of Maung Tun in Tatwin Village on 2 December. They found stimulant tablets hidden in a plastic container buried in the ground. Maung Tun was away at the time and only his wife was at home.

In the evening, Maung Htwe who came to buy the stimulant tablets was also arrested. The stimulant tablets can be produced with the use of precursors that were smuggled into the country.

Myanmar has no technology to produce such precursors. The seizure was made with the help of local people who loathe narcotic drugs in the region and inform the officials concerned of news on drugs. Members of the local police forces and anti-drug squad are carrying out educative activities on the control of the drugs among the people.

Yangon, 4 Dec— Proposals of Delegate Group of National Races on detailed basic principles that should be adopted for the chapters “Election”, “Political Parties” and “Provisions on State of Emergency” to be included in drafting the State Constitution on 1 December and proposals of Delegate Group of Peasants made at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, today, will be published in dailies.