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Plenary Session of National Convention continues at Nyaunghnapin Camp in Hmawby Township

YANGON, 1 Aug— The plenary session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, here, at 9 am today.

Members of the National Convention Convening Work Committee (NCCWC) presented clarification of the Chairman of the NCCWC on laying down detailed basic principles for the chapters“Election”, “Political Parties” and “Provisions on State of Emergency” to be included in the State Constitution to the plenary session of the National Convention.

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 members, Chairman of NCCWC Chief Justice U Aung Toe and members, Chairman of the National Convention Convening Management Committee Auditor- General Maj-Gen Lun Maung and members, chairmen and officials of subcommittees, delegates of political parties such as 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 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 intellectuals and intelligentsia, 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 the State service personnel of the respective ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special Region-6, 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) Breakaway (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who had returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Saik Chan Group that had exchanged arms for peace.

At 7.30 am, before the plenary session of the National Convention, Chairman of National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and members, Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe and members, Chairman of National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and members, chairmen of the respective subcommittees and members, delegates of political parties, representatives- elect, delegates of national races, delegates of peasants, delegates of intellectuals and intelligentsia, del-egates of workers, delegates of state service personnel and other invited delegates signed in the attendance books at Pyidaungsu Hall and the recreation hall for National Convention delegates.

At the plenary session, National Convention Convening Commission Chairman State Peace and Development Council Secretary-1 Lt-Gen Thein Sein presided over the meeting and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as MC. The MC declared the start of the meeting with the permission of the alternate chairman as 1048 out of 1071 delegates were in attendance, accounting for 97.85 per cent.

Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe clarified laying down detailed basic principles for the chapter“Election”, out of chapters “Election”, Political Parties” and “Provisions on State of Emergency” to be included in the State Constitution to the plenary session of the National Convention.

Next, Vice-Chairman of the National Convention Convening Work Committee Attorney-General U Aye Maung presented clarification of Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe on laying down detailed basic principles for the chapter “Election” to be included in the State Constitution. The plenary session took a break at 9.45 am.

(The clarification of the Chairman of the NCCWC on the Chapter “Election” is reported separately.)

When the plenary session resumed at 10.00 am, U Thaung Nyunt, Secretary of NCC Work Committee, continued to present the clarification of Chairman of the NCCWC Chief Justice U Aung Toe on laying down detailed basic principles for the chapter “Political Parties” to be included in the State Constitution.

NCC Work Committee Chairman’s clarification on detailed basic principles that should be adopted for Chapter “Election” presented

YANGON, 1 Aug — The following is the clarification on the detailed basic principles that should be adopted in the chapter “Election” out of chapters“Election”, “Political Parties”, and “Provisions on State of Emergency” to be included in drawing the State constitution at the Plenary Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today.

Mr Chairman and National Convention delegates, May you be blessed with physical and mental well-being and auscipiousness.

At the plenary sessions held on 30 and 31 October 2006, the Work Committee chairman’s explanation about the detailed basic principles that should be adopted for the Chapters “Election”, “Political Parties”, and “Provisions on State of Emergency” was read out.

The delegate groups held group-wise discussions about the Work Committee chairman’s explanation and compiled the proposals and read out the papers at the sessions held from 27 November to 7 December 2006. Of the proposals for the basic principles and detailed basic principles the NC had laid down, suitable ones were submitted. Some of them are the ones that can bring benefits to the nation and the people. So, regarding such kinds of proposals, the Work Committee sought the approval of the delegate groups through members of the panel of chairmen.

The Work Committee carried out a thorough study of the delegates’ suggestions about the Chapters “Election”, “Political Parties”, and “Provisions on State of Emergency”.

The National Convention Convening Commission evaluated and adopted the suitable detailed basic principles the Work Committee had compiled. Now, I will explain the suitable detailed basic principles to be adopted for the Chapters “Election”, “Political Parties”, and “Provisions on State of Emergency”.

At the NC plenary session held on 30 October 2006, the Work Committee chairman said, “The National Convention designated 15 chapters first for ensuring a systematic approach to the laying down of basic principles and detailed basic principles to draft a new State constitution. The Chapter “Election” is one of the 15 chapters, and two basic principles have been laid down for it.

(a) Every citizen shall have the right to vote and to stand for election according to law.

(b) Voters concerned shall have the right, in accordance with provisions of the State constitution, to recall elected people’s representatives.

The sphere of these basic principles is quite wide. Accordingly, based on these two basic principles, it is required of the National Convention to lay down detailed basic principles for the chapter.

Only then, will it be possible to comply with the rules and regulations in writing and adopting the provisions on election stated in the State constitution and related laws on election.”

He said, “A collection of these points putting together will be made for your convenience in studying them.

1. In electing members to Hluttaw— (a) Every citizen who has attained 18 years of age on the date on which election commences, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.

(b) Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for each Hluttaw at a constituency.

(c) In addition, people of national races concerned who are eligible to vote in accord with the provisions of the State Constitution shall have the right to vote in electing representatives of national races to the Region or State Hluttaw concerned.

(d) Ballot shall be exercised.

2. The following persons shall have no right to vote —

(a) members of the Religious Order;

(b) persons serving prison terms;

(d) persons who have not yet been cleared from being declared destitute; and

(e) persons who are banned from voting under the election law.

3. At an election, a candidate —

(a) shall be elected to a Hluttaw only.

(b) shall stand for election at one constituency only.

4. (a) Electorate residing in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the Amyotha Hluttaw only.

(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a
Union territory shall no longer stand as a Hluttaw member.

5. Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw.

6. (a) A Hluttaw member may be recalled for any of the following reasons—

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) inefficient discharge of duties.

(b) Complaint about the Hluttaw member endorsed by at least one percent of initial number of the voters of the constituency concerned shall be submitted to the Union Election Commission.

(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.

(e) The Union Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law.

7. The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.

8. (a) The President shall form a Union Hluttaw Election Commission. In the process, he may appoint at least five members including the chairman of the Union Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.

(b) The chairman and members of the Union Hluttaw Election Commission shall be the ones who—

(1) have attained 50 years of age.

(2) meet, except age limit, requirements set for Pyithu Hluttaw members.

(3) (aa) have served in the post of Chief Justice or Supreme Court Justice;

Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)

(bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)

(cc) have practised law as the advocate for at least 20 years; (or)

(dd) are deemed to be eminent persons by the President.

(4) are well-experienced with good characters.

(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.

(6) are loyal to the State and the people.

(7) are not members of a political party.

(8) are not Hluttaw members.

(9) do not accept any other positions from which they can enjoy salaries and allowances.

9. Duties of the Union Election Commission are as follows:

(a) holding Hluttaw elections;

(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;

(d) making and arranging lists of voters;

(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disaster or local security;

(f) issuing necessary laws on elections and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;

(g) forming electoral benches to resolve electoral disputes;

(h) discharging duties assigned under a law.

10. If the President has to blame and charge the chairman or a member of the Union Election Commission, he shall do so in accord with the provisions prescribed in this Constitution on blaming the Chief Justice or any of Supreme Court Justice.

11. (a) If the chairman or a member of the Union Election Commission in service wishes to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.

(b) If the seat of the chairman or a member of the Union Election Commission is vacant due to resignation, termination of duties, death, or any other reasons, the President may appoint a new chairman or a member of the Union Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.

(c) If the chairman or a member of the Union Election Commission is a government employee, he shall be deemed to have resigned from civil service in accord with the existing civil service rules and regulations from the date he is appointed as the chairman or a member of the Union Election Commission.

12. The Union Election Commission’s action and measures over the following matters shall be final and conclusive:

(a) electoral procedures;

(b) appeals and amendments on election tribunals’ decisions and orders;

13. Duties, powers and rights of the chairman and members of the Union Election Commission shall be prescribed by law.

14. The role of the chairman of the Union Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to responsibilities, powers and rights of the chairman and members of the Union Election Commission in prescribing laws.

Then, I continued, “I would like to present some points relating to the Chapter “Election”. The Plenary Session of the national Convention held from 28 to 30 March 1996 laid down detailed basic principles for the formation of Legislation, Executive and Judiciary, and some of them are related to qualifications set for a Pyithu Hluttaw member.”

With respect to the qualifications of a Pyithu Hluttaw member, a detailed basic principle has been adopted that—

“Every citizen who has the following requirements shall have the right to stand for election to the Pyithu Hluttaw—

(a) who has turned 25;

(b) who were born of parents both of whom are nationals;

(c) who has lived in the Union of Myanmar for at least 10 consecutive years when he is elected as a member of the Pyithu Hluttaw;

(d) who has the qualifications enumerated in the Election Law. Disputes may arise in future if there is no explanation about the stay of national people who go abroad for government service under the permission of the State, on business or on personal affairs. Such stay in foreign countries should be deemed to have settled in the Union.“Therefore, the point:‘The period of staying abroad with the permission of the State shall be deemed to have settled in the Union’ should be adopted as the exception under the detailed basic principle.

‘having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected as Pyithu Hluttaw representative’.

The points I have explained for detailed basic principles win the support of the delegate groups:

— the Delegate Group of National Races,

— the Delegate Group of Peasants,

— the Delegate Group of Workers,

— the Delegate Group of Intellectuals and Intelligentsia,

— the Delegate Group of State Service Personnel,

— the Delegate Group of Other Invited Persons, and

— the political parties from the Delegate Group of Political Parties:

— the National Unity Party

— the Union Pa-O National Organization

— the Shan State Kokang Democratic Party

— the Mro or Khami National Solidarity Organization

— the Lahu National Development Party

— the Union Kayin League

— the Kokang Democracy and Unity Party

— the Wa National Development Party, and

— 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.

Mr Chairman, I would also like to present separate suggestions of the NC delegate groups.

The National Unity Party said, “To our knowledge, of about 120 countries that exercise multi-party democracy system, more than 70 countries exercise the system of designating the number of Hluttaw members in proportion to the votes. That system helps elect representatives based on the expression of the voters who will really represent the people. By practising such a system, there will be many benefits such every vote becomes more effective, a greater number of reliable
persons capable of fulfilling the requirements of the nation will be elected, and the parties standing for elections can enjoy more than proportionate ration of the representatives from the party concerned.

Therefore, we would like to suggest that the system of designating the number of Hluttaw members in proportion to the votes that many countries exercise should be applied in the forthcoming elections.”

In response to the suggestion, I would say the Work Committee chairman in his explanation said, “However, many countries have made the system of setting up a
large constituency to elect more than one Hluttaw member, and designating the number of Hluttaw in proportion to the votes. So, to catch up with such changes, necessary laws should be prescribed in accordance with the resolutions of the Pyidaungsu Hluttaw”. So, this suggestion will be put on record to be under discussion at the forthcoming Pyidaungsu Hluttaw to take into consideration in promulgating law if necessary.

Mr Chairman, 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 the Delegate Group of Representatives-Elect presented the stances of their parties. They said, “We would like to make some suggestions about electoral procedures. Many electoral procedures are carried out in accordance with the provisions concerned including the submission of bills of electoral expenses spent by the elected Hluttaw members after the elections. The organizations responsible for the elections have to issue final reports on the elections. Some principles related to the Hluttaw sessions are:

“The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences.”

“The day on which the term of the Amyotha Hluttaw comes into force is that of the Pyithu Hluttaw.” “The first regular session of the Amyotha Hluttaw shall be held within seven days after the commencement of its term.” In my opinion, final reports should be released in time so that first regular sessions of the Hluttaws can be held in line with the provisions concerned. In this regard, elected Hluttaw members are to complete their tasks in time. There should not be a situation in which Hluttaw sessions are put off due to the delay on the final reports. Therefore, I would like to make a positive suggestion that in issuing laws, rules and regulations on elections to be held by the upcoming Pyidaungsu Hluttaw,

(a) specific duration for the functions to be carried out by the elected Hluttaw members,

(b) the time during which the election commission has to issue the final report should be taken into consideration.

To assess their suggestion, I would say, they mentioned the points that should be taken into consideration in issuing laws, rules and directives. So, their suggestion will be put on record so that it can be under discussion, as appropriate when laws, rules and regulations on election are to be issued. To be exact, as soon as elections are held, the Pyidaungsu Election Commission will have to announce the votes of the candidates of a constituency each. So, the candidate who gets votes more than any other rival will be the representative elected for the constituency concerned.

However, if there is an objection raised to his victory in accordance with the law, the issue will be decided by the Electoral Tribunal. Mr Chairman, Six Independent Representatives-Elect from the Delegate Group of 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 Kyi Win of Mingaladon Township Constituency (1), and U Tin Tun Maung of Mingaladon Township Constituency (2) in their discussions supported the Work Committee chairman’s explanation.

As a separate suggestion, they said, “In a democratic country, voting means that the people use their rights and duties for the emergency of a government that will rule the nation on their behalf. The people should have access to ballot so that they can vote freely and avoid a situation of being threatened in casting votes. In some constituencies in border areas, the votes cast are counted polling station-wise. In consequence, armed insurgents can guess who won at a village or ward. And they may torch the village or ward and torture the dwellers for not electing the one for whom they forced the people to vote. So, votes should be counted constituency-wise instead of polling station-wise.

As to this suggestion, of the two methods to count votes—township-wise and polling station-wise— the Election Commission will use more appropriate one. So, their suggestions will be recorded in order that it can be taken into consideration in drafting the State constitution.

Mr Chairman,

The Delegate Group of Intellectuals and Intelligentsia said, “The chairman and members of the Union Election Commission will have to discharge demanding and formidable tasks. So, if they are not capable enough of accomplishing such huge tasks, they are to be impeached and terminated from their duties, if necessary. In this regard, we consider that it is required to prescribe specific reasons and procedures to impeach such persons.

So, we would like to make a suggestion that a detailed basic principle should be adopted: “Regarding the impeachment of the chairman or a member of the Union Election Commission:

(a) The President may impeach the chairman or a member of the Union Election Commission for any of the following reasons:

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) inefficient discharge of duties.

(b) procedures shall be taken in accordance with the provisions of the State Constitution on impeachment of the Chief Justice or a Supreme Court Justice.”

If their suggestion is prescribed as it is, there will be more meaningful regarding the impeaching of the chairman or a member of the Union Election Commission. This suggestion is found to be in conformity with the already-adopted basic principle, so this suggestion deserves serious consideration.

The National Convention Convening Work Committee held discussions with members of the panel of chairmen to decide as to whether this suggestion should be adopted as a detailed basic principle or not. The members of the panel of chairmen then discussed the issue with respective representatives, and the stance of members of the delegate group concerned was forwarded by letter to the Work Committee. All delegate groups suggested unanimously that the point:

(a) The President may impeach the chairman or a member of the Union Election Commission for any of the following reasons:

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) inefficient discharge of duties.

(b) procedures shall be taken in accordance with the provisions of the State constitution on impeachment of the Chief Justice or a Supreme Court Justice” should be adopted as detailed basic principle Para (10).

Mr Chairman,

The Delegate Group of State Service Personnel in its suggestion said, “Of the 14 points, sub-paragraph (c) of paragraph 11 means as if that sub-paragraph is solely related to the matter to fill the positions of the chairman and members of the Union Election Commission under sub-paragraphs (a) and (b) of paragraph 11 due to vacancies. We would like to make a suggestion that it will be more appropriate if sub-paragraph (c) of paragraph (11) is added to paragraph (8) as its sub-paragraph (c).” To assess this suggestion, wherever the subparagraph is stipulated, the benefit is the same. When the detailed basic principles on executive formation, such matters were enumerated in the paragraph on term of the position, the right to submit resignation letter, and the power to terminate the duties and to fill vacancies.

Therefore, the sub-paragraph is manifested like this so as to be harmonious with the already-adopted detailed basic principles.

Mr Chairman, The Delegate Group of Other Invited Persons in its suggestion said, “We would like to make two separate suggestions about the Chapter “Election”. They are: (a) There have been many events that in elections and casting votes in Hluttaw sessions of some other countries, voters, Hluttaw members and political parties were under the influence of money, muscle and gangs such as Mafia, and such countries suffered loss a lot. So, in order to avert such undesirable events, effective provisions and laws including anti-defection law should be prescribed.

(b) A principle should be prescribed in the Union Election Commission Law that decisions of the Union Election Commission shall be made with unanimous vote or the vote of the majority to prevent the decisions the chairman or a member or two members of the commission make they wish at the meetings of the Union Election Commission.”

I would say the suggestion carries a point that effective provisions and laws should be promulgated. Thus, the suggestion will have to be recorded so that it can be considered if necessary when laws are to be enacted.

So, in accordance with the suggestions of the majority of the NC delegates, the following points are adopted as detailed basic principles.

1. In electing members to Hluttaw—

(a) Every citizen who has attained 18 years of age on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.

(b) Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for each Hluttaw at a constituency.

(d) Ballot shall be exercised. 2. The following persons shall have no right to vote —

(a) members of the Religious Order;

(b) persons serving prison terms;

(d) persons who have not yet been cleared from being declared destitute; and

(e) persons who are banned from voting under the election law.

3. At an election, a candidate —

(a) shall be elected to a Hluttaw only.

(b) shall stand for election at one constituency only.

5. Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw.

6. (a) A Hluttaw member may be recalled for any of the following reasons—

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) inefficient discharge of duties.

(b) Complaint about the Hluttaw member endorsed by at least one percent of initial number of the voters of the constituency concerned shall be submitted to the Union Election Commission.

(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.

(e) The Union Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law.

7. The Union Hluttaw shall prescribe necessary laws on election and recall.

(b) The chairman and members of the Union Hluttaw Election Commission shall be the ones who—

(1) have attained 50 years of age.

(2) meet, except age limit, requirements set for Pyithu Hluttaw members.

(3) (aa) have served in the post of Chief Justice or Supreme Court Justice;

Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or) (bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or) (cc) have practised law as the advocate for at least 20 years; (or) (dd) are deemed to be eminent persons by the President.

(4) are well-experienced with good characters.

(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.

(6) are loyal to the State and the people.

(7) are not members of a political party.

(8) are not Hluttaw members.

(9) do not accept any other positions from which they can enjoy salaries and allowances.

9. Duties of the Union Election Commission are as follows:

(a) holding Hluttaw elections;

(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;

(d) making and arranging lists of voters;

(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;

(f) issuing necessary laws on elections and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;

(g) forming electoral tribunals to resolve electoral disputes;

(h) discharging duties assigned under a law.

10. (a) The President may impeach the chairman or a member of the Union Election Commission for any of the following reasons:

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

(5) inefficient discharge of duties.

(b) procedures shall be taken in accord with the provisions of the State constitution on impeachment of the Chief Justice or a Supreme Court Justice”.

12. The Pyidaungsu Election Commission’s action and measures over the following matters shall be final and conclusive:

(a) electoral procedures;

(b) appeals and amendments on electoral benches’ decisions and orders;

13. Duties, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.

14. The role of the chairman of the Union Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to duties, powers and rights of the chairman and members of the Union Election Commission in prescribing laws.

In addition, regarding the qualifications of a Pyithu Hluttaw member stated in the Legislative Formation, sub-paragraph (c) of Paragraph 32— ‘The period of staying abroad with the permission of the government shall be deemed to have settled in the Union’ is adopted as a provision under the detailed basic principle:

“Exception having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected as Pyithu Hluttaw representative”.

Detailed basic principles that should be adopted for Chapter “Political Parties” clarified

YANGON, 1 Aug — The following is the clarification on the detailed basic principles that should be adopted in the chapter “Political Parties” out of chapters “Election”, “Political Parties”, and “Provisions on State of Emergency” to be included in drawing the State constitution at the Plenatry Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today.

Mr Chairman,

The Chairman of the National Convention Convening Work Committee presented the detailed basic principles that should be adopted for the chapter“Political Parties” at the plenary session of the National Convention held on 31 October 2006. All the Delegate Groups — the Delegate Group of National Races, the Delegate Group of Peasants, the Delegate Group of Workers, the Delegate Group of Intellectuals and Intelligentsia, the Delegate Group of State Service Personnel, the Delegate Group of Other Invited Persons, the Delegate Group of Political Parties — 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 — and the Delegate Group of Representatives-Elect — the representatives-elect of the political parties and the three-member group including Dr Hmu Htan and the six-member group including U Tin Win held discussions and made suggestions on the Work Committee Chairman’s clarifications and laid down the following detailed basic principles:

1. Political parties set the objective — nondisintegration of the Union, nondisintegration of national solidarity and perpetuation of sovereignty.

2. A political party shall: (a) accept and practise discipline-flourishing genuine multiparty democracy.

(b) abide by the Constitution and the existing laws.

3. In accord with the law, a political party shall have the right to:

(a) organize freely;

(b) to stand for the elections.

4. The continued existence of a political party shall not be permitted if —

(a) it has been declared as an unlawful organization in accord with the existing law;

(b) it makes connections with or provides support and assistance to insurgent groups waging an armed rebellion against the State, organizations or persons the State has announced as the ones committing terrorist acts or organizations the State has declared unlawful;

(c) it directly or indirectly receives financial, material and other assistance from the government or a religious organization, or any other organization or an individual
person of a foreign country;

(d) it abuses religion for political purpose.

5. If the body having the authority to register political parities finds that a political party is connected with any one of the points stated in the above-mentioned subparagraphs (a), (b), (c) or (d), the party’s registration shall be revoked.

6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.

Mr Chairman,

I will now present the separate suggestions submitted by the Delegate Groups.

In its separate suggestion, the National Unity Party said, “We find the para (6) “The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties” appropriate. But we would like to suggest that serious consideration should be made to the inclusion of the proper rights of political parties in enacting the laws concerning their rules.

“In building a modern and development democratic state through multiparty democracy system, the continued existence of political parties has connections with the task of serving the interest of the people and the nation. Hence, the members of the parties should be the qualified ones.

“As the parties are formed with the aim of realizing the public wishes and desires, they should have the right to correctly exercise democratic practices and truly represent the people. Based on the past experiences, the present multiparty democracy system should be a prestigious one. The parties play an important part in serving the interest of the nation and the people.

“Hence, the state should recognize the parties and render assistance to them for the parties to play their part significantly.”

Concerning the suggestion I will explain that as the nation will practise discipline-flourishing democracy after the proclamation of a new Constitution, the nation will have to write and enact a law concerning the political parties. The suggestion will be put on record to consider the facts contain in the suggestion as and when necessary in drafting the said law.

Wa National Development Party gave a suggestion, saying, “We would like to present a suggestion concerning the chapter “Political Parties”. Political parties should be the organizations capable of heading towards flourishing of discipline-flourishing genuine multiparty democracy in the entire Union in accord with the nation’s political, security, economic and social conditions and traditions and customs. And it is a must. The parties will have to launch organizational campaigns to strengthen themselves in all aspects. But the parties will face a problem and obstacles if there is a prescription saying that all matters and functions should be free from politics. Such prescription is also against the objective — flourishing of genuine multiparty democracy system — of the six objectives of the National Convention. We would like to suggest that there should be no such prescription in our nation that will practise multiparty democracy in the future.”

As regards the suggestion, I will explain that there are two kinds of politics — national politics and party politics. If a member of a political party is elected President, he will have to lead the nation in accord with the law without making any discrimination as he is the Head of State. Members of the Union government will have to do the same. Persons of the organizations discharging the duties of the State and service personnel are required to be free from party politics to be able to equally deal and serve the people in accord with the law. In this regard, there is a detailed basic principle for those persons to stay away from party politics as they need to be free from party politics while discharging the State duties. The said persons can carry out national politics.

Mr Chairman,

The representatives included in the Delegate Group of Representatives-Elect of the political parties presented the opinion of their own respective parties. Independent representatives-elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) in their suggestions, said, “Myanmar has already witnessed the weaknesses and loopholes of the parliamentary democracy when she practised the system after regaining Independence. A study of those weaknesses and loopholes shows that they were the results of the lack of democracy experiences in history, the single party governance in real terms in the name of parliamentary democracy, the public intellectual progress that had not reached the level of defining and exercising the rights and duties of democracy with correct conviction, the political parties’ insufficient ability to train, educate and lead the people to exercise democracy rights with a sense of duty, and the lack of development in infrastructure that would help realize the essence of democracy more fully, the declining situation of democracy in the parties, and the growing centralized system. It is found that it is required to lay down detailed basic principles concerning the qualifications of political parties as necessary, after taking the experiences Myanmar had faced as lessons, for the flourishing of genuine multiparty democracy in the nation.

“To ensure that there will be no disputes in the future, we would like to suggest that the point “The Pyidaungsu Hluttaw shall designate and prescribe the qualifications of political parties” should be added to the points.

“The parties should serve as a bridge between the government and the people for the emergence of a multiparty system benefiting the people. They should be the organizations that are able to lay down policies in conformity with the nation’s political, security and economic situations, customs and public interest.

They should have the directives, fundamental policies and practices. There may be parties representing the wholenation for emergence of discipline-flourishing democracy as well as regional political parties representing the respective national races.

“Hence we would like to give a separate suggestion saying that the Pyidaungsu Hluttaw in enacting laws concerning the political parties should consider permitting the establishment of political parties representing the whole Union as well as the respective regions.

“I will now discuss the matter “no right to exist” of a political party. The body having the authority to register political parties before revoking the registration of a party should make an accusation against the party only after presenting firm evidence. The party concerned should have the right to defend and appeal. The officials concerned should revoke the registration only after hearing the case thoroughly. We believe that there should be no lopsided charges against political parties. We would like to present a separate suggestion saying that the Pyidaungsu Hluttaw should enact laws and bylaws to observe the right of defence and the right of appeal of the political parties.

“The political parties have the duty to resolutely serve the interest of the nation and the people. The parties should have the capability to lead towards flourishing of genuine and disciplined democracy in the entire nation. The leaders of the parties should be the ones who are sincere and upright. As they also are human beings they may make mistakes in certain matters. The problems of the parties should be solved within the parties. Action should not be taken against any party leader or member for his mistakes directly by the authorities concerned. The authorities should make consultations with the steering groups of the party concerned and action should be taken against the leader or member for his error in accord with the rules and regulations of the party. The matter should be put into consideration when laws and bylaws concerning the parties are drafted.

The suggestions will be put on record for the Pyitaungsu Hluttaw to take them into account in drafting and enacting laws and bylaws concerning the parties or the election as in addition to the said suggestions other facts may be required in doing so.

Mr Chairman,

The Delegate Group of National Races gave the following suggestion:

“The para 2 of the chapter states as follows:

2. A political party shall:

(a) accept and practise discipline-flourishing genuine multiparty democracy.

(b) abide by the Constitution and the existing laws.

“We would like to add another para which will be para “(d) A political party shall have the duty to be loyal to the State.” to the given detailed basic principle.

“We present the suggestion as the emergence of firm and competent political parties that will steer the nation towards the flourishing of multiparty democracy and the citizen’s loyalty to the State are essential requirements.”

If the suggestion is added there will emergence firm and competent parties that will steer the nation towards the flourishing of discipline-flourishing democracy. The suggestion also emphasizes the fact that the members of the political parties too should be loyal to the State as they also are citizens. Actually, the subparas of the para (2) state the duties political parties should observe. It will be more appropriate if the suggestion will be stipulated as subpara (b) of the para (1). By doing so, the para (1) will become the subpara (a) of the para (1). The para (1) should start with the words “Political parties” as they concern both the subparas (a) and (b). So, the para should be stated as follows:

1. Political parties

(a) set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

(b) have the duty to be loyal to the State. As the suggestion is in accord with the adopted fundamental principles, it deserves serious consideration. The National Convention Convening Work Committee discussed the matter with the members of the panel of chairmen concerned. The Delegate Groups sent their opinions regarding the suggestion to the Work Committee in writing after the panels of chairmen had held discussions with the respective delegates. All the Delegate Groups
suggested stating the subpara (b) of the para (1) as follows:

“have the duty to be loyal to the State”.

Mr Chairman,

The Delegate Group of Peasants presented a separate suggestion, saying, “More or less, the weak points and advantages of the registration law can have impact on the political parties. If a large number of small parties stand for the election, people will find difficulties in choosing the candidates, and the formation of a majority government in the parliament will not be easy. And there cannot be a stable government. Hence, there are limitations in the number of parties as there should be a few numbers of large and strong political parties.

“As in some countries the limitation should be centred on a party’s ability to take part in an election, that is limited at half the number of constituencies, the policies and work programmes of a party, membership strength, financial capacity, and the ability to accept the inspection of its membership strength by the Union Election Commission.

“The political parties should be the organizations that give priority more to the interest of the nation and the people than self-interest. They should be the parties that can cooperate with the opposition for the benefit of the State and the people whether they win in the election or not. The ruling party should stay away from bullying the opposition parties and conducting dictatorlike acts. Hence we will have to draft a Constitution that is in conformity with the future nation, taking the past events as lessons.”

The first part of the suggestion includes the policy and system, the set qualification of members and party funds when the parties were formed. In the future also, the same procedures should be applied for party registration.

The second part states the rules for the respective parties, saying such rules should not be prescribed under strict laws. The suggestion should be recorded for the political parties concerned to take necessary measures.

“The Delegate Group of Other Invited Persons gave a suggestion, which said,” The forthcoming State Constitution will have to demonstrate genuine multiparty democracy system with flourishing discipline. So, it is required to take lessons from the historic events to prescribe necessary provisions in order to avert such bitter experiences in which the nation and the people stood for the evil consequences from the weak points of the political parties.

“Political parties are responsible for serving the interests of the nation and the people steadfastly.

However, by nature, a party may face internal or external disputes. So, it is needed to control and tackle such disputes in a democratic way under the law. Members of a political party should uphold the democratic ethics. At the same time, there should be effective measures to safeguard the nation and the people from any form of dangers. Therefore, I would like to suggest that political parties should not create a situation that brings disunity and disputes into the party or the parties which poses dangers to the political affairs, security and economy of the nation.”

The suggestion is a matter all parties should pay attention to. Hence the suggestion will be put on record for the existing parties and the future parties to notice it.

In accord with the suggestions of the great majority of the delegates, the following detailed basic principles have been adopted for the chapter.

1. Political parties

(a) set the objective — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

(b) have the duty to be loyal to the State.

2. A political party shall:

(a) accept and practise discipline-flourishing genuine multiparty democracy.

(b) abide by the Constitution and the existing laws.

3. In accord with the law, a political party shall have the right to:

(a) organize freely;

(b) to stand for the elections.

4. The continued existence of a political party shall not be permitted if —

(a) it has been declared an unlawful organization in accord with the existing law;

5. If the body having the authority to register political parities finds that a political party is connected with any one of the points stated in the above-mentioned subparagraphs (a), (b),(c) or (d), the party’s registration shall be revoked.

6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.