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ARCHIVES	Monday, 6 August 2007	THE MYANMAR TIMES

Kayah State cannot fully develop as there remains handful of insurgents Destructive elements sowing discord, dissension among national races undermining already-achieved national solidarity in Kayah State Youths of today responsible to preserve fine traditions, essence of national unity Main building of Loikaw University in Loikaw, Kayah State opened

Nay Pyi Taw, 5 Aug - A ceremony to open the main building of Loikaw University of Higher Education Department (Upper Myanmar) under the Ministry of Education in Loikaw, Kayah State was held at the university this morning with an address by Chairman of Myanmar Education Committee Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.

Also present on the occasion were Member of the State Peace and Development Council Lt-Gen Kyaw Win of the Ministry of Defence, Chairman of Shan State Peace and Development Council Commander of Eastern Command Maj-Gen Thaung Aye, ministers, deputy ministers, Chairman of Kayah State PDC Col Nyunt Tin, senior military officers, officials of the State Peace and Development Council Office, departmental heads, chairmen of the District and Township PDCs and members, leaders of national races in Kayah State, social organizations, rector of the university, professors/heads of department, lecturers, teachers and students, local people and others.

Chairman of Shan State Peace and Development Council Commander of Eastern Command Maj-Gen Thaung Aye, Minister for Education Dr Chan Nyein and Chairman of Kayah State PDC Col Nyunt Tin formally opened the main building.

Next, the Secretary-1 planted a tree in front of the main building to mark the opening ceremony.

After that, the Secretary-1 unveiled the bronze plaque of the university and sprinkled scented water on it.

Later, Lt-Gen Kyaw Win, Commander Maj-Gen Thaung Aye and Minister Dr Chan Nyein sprinkled scented water on the bronze inscription.

In his address, Chairman of Myanmar Education Committee Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein said that the government opened arts and science university, technological university and university of computer science in Liokaw, Kayah State for the local people to pursue higher education in their region and facilitated them with modern teaching and learning aids.

The emergence of the main building of Loikaw University that is fully equipped with the characteristics of a modern university is the fruitful results of the goodwill of the government that is taking steps for local youths to pursue higher education in peace, he said.

Kayah State complete with universities in which arts and science, engineering, architecture and computer science are being taught is a state where there were no university and college in 1988. Hence, the emergence of such splendid building facilitated with modern teaching and learning aids is of great significance.

At a time when science and technology is advancing with great momentum the higher education standard of citizens, the development of science and technology in all parts of the nation and the full emergence of intellectuals and intelligentsia are of paramount importance so that the entire national people can stand tall among international community.

Therefore, the government has laid down and is implementing development projects to bring about harmonious development across the nation. In the process, it gives priority to better transport as well as development of education, health, economic and social sectors.

Only when local people are fit and healthy will they be able to carry out development tasks in their regions. And only when local youths are nurtured into intellectuals and intelligentsia will they be able to maintain the already-achieved development. With this concept, efforts are being made to create opportunity to pursue higher education in all parts of the nation and to fully provide health care services to the people of different regions.

Thanks to all-round development projects, there prevailed peace and tranquillity in border regions including Kayah State, and significant progress has been made in social and economic sectors of the State.

Looking back to the past, Kayah State lagged behind in development with the exception of Loikaw due to armed insurgency. Due to lack of peace and stability national races in the region were in constant fear and their lives and property were insecure. Consequently, local youths were unable to pursue education.

Nowadays, there are peace and development and national unity in Kayah State except some border areas. With the prevalence of peace and tranquillity progress has been made in agriculture, livestock breeding and trade of Kayah State.

In the education sector, there are nearly 400 basic education schools in Kayah State including the ones opened under the border areas development programme. In addition to modern teaching and learning aids 18 e-Learning Centres were added to those education schools.

At the same time, it is safe to say that the emergence of universities in which modern science and technology can be taught, means creating a golden opportunity for local people to pursue education.

However, Kayah State cannot fully develop as there remains a hand- ful of insurgents in Kayah State. And continued efforts are to be exerted for Kayah State to fully develop.

Internal and external destructive elements are sowing discord and dissension among national races with ulterior motives with the intention of undermining the already-achieved national solidarity in Kayah State.

As a matter of fact, all the national brethren have been living in the Union through thick and thin since time immemorial, preserving their own traditions, custom and culture and mutually respecting their national character.

The youths of today are responsible to preserve the fine traditions have flourished for years and the essence of national unity.

He stressed the need for national brethren in Kayah State to strive together with the government like those from other states and divisions in discharging national duties by doing their bit.

The Secretary-1 urged the local people to make continued efforts for achieving basic foun-dations on peace and tranquillity and develop-ment in Kayah State. Transitional processes are being carried out for perpetuation of the Union and emergence of a democratic nation desired by the people, he said.

It is necessary for the people to participate in the tasks for emergence of the State constitution and approval through the referendum, he added.

Emergence of a peaceful modern developed discipline-flourishing democratic nation and perpetuation of the Union depend on promotion of education of the people, reasoning power and knowledge and high technology to build the nation, he said.

In conclusion, the Secretary-1 urged faculty members to nurture the students to become qualified intellectuals and intelligentsia who will serve the interest of people and create better opportunities for the Kayah State.

Next, Rector of Loikaw University U Sein Oo reported on improve-ment on education, construction of the main hall, under- and post-graduate courses and academic matters.

Ma Wut Yi Lin, a third year Physics major student, expressed thanks to the government.

Shwetaung Co pre-sented K 30 million and K 10 million for landscaping and education fund of the university respectively to Rector U Sein Oo.

After the ceremony, the Secretary-1 cordially greeted members of cultural troupes and students. The Secretary-1 and party visited research room for Ph.D and MA or M.Sc students, computer training centre, e-library, lab for physics and language lab.

The Secretary-1 and party had photos taken with the rector and faculty members and members of cultural troupes.

The facade of the three-storey university is 400 feet long and 238 feet wide and 64 feet high. Altogether 2,657 students are attending the various courses at the university.

Lt-Gen Myint Swe presents prizes to winners who are outstanding in agricultural production of Yangon Division

Yangon, 5 Aug - Lt-Gen Myint Swe of the Ministry of Defence attended the concluding ceremony of ploughing and cultivation of monsoon paddy of Yangon Division for 2007-08, the paddy transplanting contest and the prize presentation for outstanding persons in agriculture sector at 500 acres of land near West Malit Village in Hlegu Township this morning.

Speaking on the occasion, Lt-Gen Myint Swe said that Yangon Division has already completed cultivation of 1,152,462 acres of monsoon paddy. After growing late-monsoon paddy, the division will exceed the target of growing 1.2 million acres of monsoon paddy. In striving for boosting production of paddy, a total of 20.1 million acres were put under paddy in the entire nation in 2006-07, and 1,450 million baskets of paddy were produced. In the 2007-08, arrangements are being made for cultivation of 16.9 million acres of monsoon paddy and 3.4 million acres of summer paddy, totalling 20.3 million acres to produce over 1,500 million baskets of paddy. Therefore, Yangon Division is to make efforts for cultivation of 240,000 acres of summer paddy to meet the target.

He continued to say that the division is to place emphasis on cultivation of edible oil crops for ensuring edible oil sufficiency. Departmental personnel, Tatmadawmen and people are to join hands in growing 81,000 acres of physic nut this year, and efforts are to be made for meeting the target of 500,000 acres. In conclusion, Lt-Gen Myint Swe said that as the government has built 10 dams, 19 river water pumping stations and eight sluice gates in Yangon Division, officials and local farmers to carry out tasks to expedite agricultural sector for development of Yangon Division and the national economy.

Next, the commander gave a speech. Chairmen of four District PDCs presented reports on cultivation of monsoon paddy to Chairman of Yangon Division Peace and Development Council Commander of Yangon Command Maj-Gen Hla Htay Win.

After viewing the paddy transplanting contest, Lt-Gen Myint Swe released fishes into the paddy fields. He presented all-round agricultural production award for 2006-07 to Kayan Township and U Thaung of Paikwegyi Village of Hlegu Township who won the prize in State level monsoon paddy cultivation award. The commander and officials also presented prizes to winners who are outstanding in agricultural production.

Later, Lt-Gen Myint Swe gave prizes to winners in the paddy transplanting contest.

NCC Work Committee Chairman's clarification on detailed basic principles that should be adopted for Chapter ?General Provisions? presented

Yangon, 5 Aug - The following is the clarification on the detailed basic principles that should be adopted in the chapter General Provisions? to be included in drawing the State constitution at the Plenatry Session of the National Convention at Nyaunghnapin Camp in Hmawby Township on 2-8-2007.

At the plenary sessions held on 13 November 2006, the Work Committee chairman explained the detailed basic principles that should be adopted for the Chapter General Provisions. Regarding the Work Committee chairman's explanation, the delegate groups:

- representatives of political parties from the Delegate Group of Representatives-Elect, and three Independent Representatives-Elect including Dr Hmu Htan, and six Independent Representatives-Elect including U Tin Win held group-wise discussions, and suggested that the detailed basic principles for the Chapter General Provisions should be adopted. The are:

3. The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

4. Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on Myanmar text.

5. Interpretation of the expressions of this Constitution should be referred to the existing Interpretation of Expressions Law.

6. A Myanmar manuscript of this Constitution shall be kept at the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution.

(b) a cooperative society, an organization or a person to run any of economic enterprises, which are prescribed to be operated solely by the Union Government, through a joint-venture system with the Union Government or under agreements.

8. The Union of Myanmar shall honour all legitimate obligations arising out of any treaties or agreements which before the commencement of this Constitution were in force between the Government of Myanmar and the Government of any other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar.

9. (a) Any proceedings relating to contracts or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought against the Union Government.

(b) The Union of Myanmar may sue and may be sued by the name of the Union of Myanmar.

10. The Constitutional Tribunal shall consist of nine members including the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select three members each who meet the following qualifications from among Hluttaw members or non-Hluttaw members:

(b) person who possesses qualifications set for a Pyithu Hluttaw, other than restriction on age,

(c) person who possesses qualifications set for the Chief Justice and a Supreme Couret Justice, other than restriction on age;

11. The list of three members each nominated by the President, the Pyithu Hluttaw Speaker and the Amyotha Hluttaw Speaker, and a member nominated for chairmanship of Constitutional Tribunal among the nine members shall be submitted to the Pyidaungsu Hluttaw for its approval.

12. The Pyidaungsu Hluttaw shall have no right to reject the persons nominated for members of the Constitutional Tribunal by the President unless it can prove the members disqualified.

13. The President may, in accord with the provisions of the State Constitution, have the right to nominate new members for the seats of Constitutional Tribunal that are still vacant due to failure to obtain agreement of the Pyidaungsu Hluttaw.

14. The President shall appoint the chairman and members of Constitutional Tribunal approved by the Pyidaungsu Hluttaw.

15. The term of the Constitutional Tribunal is five years, the same as that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal, on expiry of its term, shall continue to carry out its functions till the President forms a new Constitutional Tribunal under this Constitution.

(a) shall be deemed to have resigned from the Hluttaw concerned on the date of being appointed if he is a member of any Hluttaw.

(b) shall be deemed to have resigned from civil service in accord with civil service rules and regulations on the date of being appointed if he is a government employee.

(c) shall have no right to participate in activities of the political party concerned during tenure of membership starting from the date of being appointed if he is a member of a political party.

17. A member of the Constitutional Tribunal may have the right to submit his resignation to the President if he wishes to resign before expiry of his tenure due to a reason.

18. The President may appoint a new member in accord with the provisions of this Constitution if there is a vacancy in membership in the Constitutional Tribunal for a certain reason.

19. (a) A member of the Constitutional Tribunal can be blamed or impeached under any of the following reasons:

(4) incapability of discharging duties prescribed in the Constitution for a member of the Constitutional Tribunal;

(b) If need arises to blame or impeach a member of the Constitutional Tribunal, it shall do so under the provisions prescribed in this Constitution set to blame or impeach the Chief Justice or a Supreme Court Justice.

(b) to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and Self-Administered Areas are in conformity with the Constitution,

(c) to scrutinize functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the Constitution,

(d) to decide on disputes in connection with the Constitution between Pyidaungsu and regions, between Pyidaungsu and States, between Regions and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves to perform other duties prescribed in the Constitution,

(e) to decide on disputes in connection with the rights and responsibilities of the Pyidaungsu and Regions; or States or Self-Administered Areas in implementing Union law by Regions, States or Self-Administered Areas,

(f) to scrutinize and decide on matters relating to Union territories informed by the President,

21. If there is a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court, and the Constitutional Tribunal has not made any decision regarding the case, the court shall suspend its hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. The decision of the Constitutional Tribunal regarding the dispute shall apply all the cases.

23. The following persons shall have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and stance:

24. The following persons or bodies shall have the right to submit a case to the Constitutional Tribunal in accord with the procedures for its interpretation, decision and stance:

(d) At least 10 percent of the members of the Pyithu Hluttaw or the Amyotha Hluttaw.

25. Formation and relations of the Constitutional Tribunal, and duties, rights and privileges of the chairman and members of the Constitutional Tribunal shall be prescribed by law.

26. The status of the chairman of the Constitutional Tribunal is designated to be equivalent to the status of a Vice-President, and a member, to the status of a Union minister in order to make reference in prescribing by law regarding the duties, rights and privileges of the chairman and members of the Constitutional Tribunal.

The Shan State Kokang Democratic Party in its suggestion said, ?As regards the para 6, we would like to give a suggestion. Myanmar is formed with Regions and States and self-administered areas where various national races reside. There are national races who are not skilled in Myanmar literature and language. Moreover, some areas of the nation are far away from the place where the National Archives is located. Hence, copies of the Constitution that are translated into the languages of various national races will surely be required.

So, we would like to make a suggestion that the government enact necessary law to keep the translated copies of the Constitution at the respective Regions, States and self-administered areas.

To respond to this suggestion, I would say Myanmar language is common among the national races of the Union of Myanmar, so it has been designated as official language for long. The terms enumerated in the law are to be correct and exact, and I do not think it is easy to translate the terms of law into respective languages of national races, and especially it is more difficult to translate the provisions of a State constitution, and it calls for no mistakes in the process. If there is some mistakes, there will be some difference between the translated work and initial definition. It is needed to continue to use Myanmar language as official language, as practised previously.

I would say this suggestion will be recorded so that if need arises to translate the law into languages of national races in respective Regions or States, necessary measures can be taken under the supervisions of respective governments of respective Regions or States.

Independent Representatives-Elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) from that Delegate Group of Representatives-Elect said, ?Therefore, the points from No 1 to No 26 the Work Committee chairman explained at the NC plenary session held on 13 November 2006 should be adopted.

I would also like to make a suggestion about a constitutional index. An index should be stated in the booklet of the State constitution in order that when need arises to refer sub-paras, paras and pages, the facts can be looked up in the booklet in a short time. The constitutions of some countries feature an index, but those of most countries do not feature an index. The former countries state an index in the end of the booklet of the State constitution. So, I would like to suggest that after the booklet of the State constitution is in circulation, it should feature a constitution index.

They added, I have learnt that in order to achieve success in working in a systematic and smooth way, there need some methods such as

(5) laying down better policy guidelines based on the findings. This aphorism is reasonable and useful at any times. In pursuing policy guidelines, it is required to regularly fund out weak points and strong points. It is also needed to assess the reviews to know as to whether achievement is made or not. Only then, will it be possible to know whether the assessments are effective. And it is required to constantly review the weak points and causes and effects of the remedies to lay down better plans and new guidelines. Now, most nations are practising such methods. So, in building a modern and developed nation in accordance with the upcoming State constitution, emphasis should be placed on reviewing, assessing the reviews, remedying and evaluating.

Of the two suggestions, the first to feature a constitution index, the 1974 constitution carries a constitution index. So, this suggestion will be put on record to be featured if necessary when respective bodies write a draft of the State constitution.

In relation to the second suggestion, it is in connection with the ongoing procedures being carried out in accordance with the existing law, and it is needed to continue to use the procedures in doing so.

Therefore, in line with the suggestions of the majority of the delegates, the detailed basic principles: