
Head of State will have to declare state of emergency and take
necessary measures to restore the situation into normalcy
Yangon, 22 July - The following is the
collection of suggestions made by NC delegates on ?Provisions on State of
Emergency? submitted to the Plenary Session of the National Convention held at
the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township on 20 July.
Provisions on State of Emergency
At the plenary session of the National
Convention held on 31 October 2006, the Chairman of the National Convention
Convening Work Committee said:
(a) When there arises a state of
emergency characterized by inability to perform executive functions in accord
with provisions of the State Constitution in a region or state or a
self-administered area, the President of the State is empowered to exercise
executive power in that region, state or self-administered area and if
necessary in doing so, the President of the State is empowered to exercise
legislative powers concerning that region, state or self-administered area in
accord with provisions of the State Constitution;
(b) When there arises or there is
sufficient reason to arise a state of emergency endangering life and property
of the people in a region, a state or a self-administered area, the Tatmadaw
has the right, in accord with provisions of the State Constitution, to preempt
that danger and provide protection;
(c) when there arises a state of
emergency that could cause disintegration of the Union, disintegration of
national solidarity and loss of national sovereignty, due to take over of
sovereign State power of attempts therefore by wrongful forcible means such as
insurgency or violence, the Defence Services Commander-in-Chief has the right
to take over and exercise State power in accord with provisions of the State
Constitution.
Clarification will be made on the study
of the National Convention Convening Work Committee to lay down detailed basic
principles concerning the declaration of the state of emergency and the
empowerment of the authority to declare martial law as necessary when the
state of emergency has been declared.
A state of emergency occurs 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 worsening political and economic situation and a natural
calamity such as the storm, flood, fire and earthquake. 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.
The constitutions of a large number of
nations prescribe that it is necessary for the Head of State after declaring a
state of emergency to present the measures taken by him and by the
organizations and persons he has empowered to exercise executive power during
the emergency period to the parliament concerned for approval, and that a
state of emergency can be declared only for a specific period.
I will now present a compilation of the
detailed basic principles for the chapter
Emergency Provisions as follows:
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
order having the force of law to declare a state of emergency.
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.
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 order 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 Minister of Defence and the
Minister of Home Affairs who are the members, declare a state of emergency in
time. The declaration shall be submitted to the National Defence and Security
Council soonest for approval.
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) issue martial law order. 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 himself or empower them to a suitable military officer.
5. The President when issues an
ordinance having the force of law and declares a state of emergency, shall:
(a) specify the area covered by the
ordinance and the duration.
(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.
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:
(a) to the nearest Pyidaungsu Hluttaw
session within 60 days for approval.
(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.
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.
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.
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 of the
Defence Services 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 of the Defence Services.
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.
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.
12. The President shall:
(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 of the Pyidaungsu Hluttaw if it 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.
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.
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.
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.
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.
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 of the Defence Services
to exercise State power in accord with the paragraph 9.
18. The National Defence and Security
Council shall:
(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.
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
Zone and Union Election Commission with suitable persons whose qualifications
meet the stipulations contained in the Constitution and assign duties to them.
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.
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.
22. The National Defence and Security
Council shall exercise the State power in the name of the President.
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
the 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.
National Convention delegates,
National Unity Party of the Delegate
Group of Political Parties said. ?The NUP finds the points complied by the
Work Committee Chairman concerning the chapter appropriate as they are
comprehensive and within the framework of the principles adopted by the
National Convention.
The NUP also presented the following
separate suggestion:
In connection with the para 16, it
states ?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
Defence Services presents a reasonable submission to extend the period as
Commander-in- Chief of Defence Services has not yet accomplished his duty
assigned to him.? Similar power has been granted to the President in subpara
(b) of the para (12). We find that the NDSC and the President are empowered
with the same powers for the same functions.
Moreover, in our view the para 17 ? In
connection with the matter of transferring the Sate Power to the
Commander-in-Chief 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, declare to annual the
order empowering the Commander-in-Chief to exercise State Power in accord with
the para 9 ? is the same as the power entrusted to the President in the para
13.
The point 22 says ?The National Defence
and Security Council shall exercise the State power in the name of the
President'.
Measures should be taken to separate
the constitutional powers entrusted to the President and the National Defence
Council.
Union Pa-O National Organization agreed
to the adoption of the points 1 to 23 explained by Work Committee Chairman U
Aung Toe as detailed basic principles.
Shan State Kokang Democratic Party
discussed in support of the 23 points.
Mro or Khami National Solidarity
Organization presented a separate suggestion, saying, ?The point ? 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
according with the Commander-in-Chief of the Defence Services, the Deputy
Commander-in-Chief of the Defence Services, the Minister for Defence and the
Minister for Home Affairs who are the members, declare a state of emergency in
time? should be replaced with the point ?The President may, if not all members
of the National Defence and Security Council cannot attend the meeting in
which the President consults with the Council, declare a state of emergency in
time in accordance with the remaining members of the Council.
Lahu National Development Party said,
The 23 points explained by the Work Committee Chairman are in conformity with
the 1947 Constitution, the 1974 Constitution, the constitutions of world
nations and the nation's conditions. Hence the points should be adopted as
detailed basic principles.
Union Kayin League said, ?The Work
Committee Chairman explained the 1947 Constitution and the 1974 Constitution
as references in connection with the detailed basic principles for Emergency
Provisions. As the Chairman has explained in detail every point, we have no
further suggestions. Hence, the 23 points should be adopted.
Kokang Democracy and Unity Party said, The points
explained by the Work Committee Chairman in connection with the chapters
Election, Political Parties? and Provisions on State of Emergency are
appropriate to be adopted as detailed basic principles.
Wa National Development Party said,
Except from para 1 and para 3 (a), the party agreed to the adoption of
all the points as they are comprehensive.
The party gave a separate suggestion as
follows:
The President should have the power to
declare a state of emergency, if he assumes that a grave situation is
endangering the security of the entire nation or any part of the nation. But
we would like to give a suggestion in connection with the para 1 that was
explained by the Work Committee Chairman.
We would like to suggest that instead
of stating the para as 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 order having
the force of law to declare a state of emergency it should be prescribed as
follows:
1. If the respective local
administrative body submits 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, the President shall, after coordinating
with National Defence and Security Council, issue order having the force of
law to declare a state of emergency.
Concerning the para 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 order having the force of the law to
declare a state of emergency?, we would like to state as follows:
If the respective local administrative
body submits that 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 order
having the force of the law to declare a state of emergency.
National Convention delegates,
Of the four papers presented by
representatives-elect group, the papers presented by the representative of NUP
and the representative of Mro or Khami National Solidarity Organization are
the same as the papers presented by the 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) said, They find the points
explained by the Work Committee Chairman concerning the chapter Provisions on
State of Emergency appropriate to be adopted as detailed basic principles.
They gave a separate suggestion,
saying, 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 order
having the force of law to declare a state of emergency.
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, it will be more
appropriate if the President should declare a state of emergency in time after
coordinating with the members who are present at the meeting, except from the
members who are absent due to unavoidable circumstances instead of
coordinating with the Commander-in-Chief of the Defence Services, the Deputy
Commander-in-Chief of the Defence Services, the Minister for Defence and the
Minister for Home Affairs who are the NDSC members.
We would like to suggest that the
subpara (b) of the para 3 should be amended as follows:
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, it will be more
appropriate if the President should declare a state of emergency in time after
coordinating with the members who are present at the meeting, except from the
members who are absent due to unavoidable circumstances. The declaration shall
be submitted to the National Defence and Security Council soonest for
approval.
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 Kyi Win of Mingaladon Township
Constituency-1 and U Tin Tun Maung of Mingaladon Township Constituency-2 said,
?We have assessed and discussed the explanations made by the Chairman of the
National Convention Convening Work Committee from all angles. From the view
point of an ordinary person we study whether the detailed basic principles
have the capacity to protect public lives and property effectively within a
short time. From the political point of view, we study the empowerment of
State power only to the required degree and to reinsure the fundamental rights
of the citizens, and whether the detailed basic principles can reestablish the
genuine multiparty democracy system within the shortest possible time. We find
that the Work Committee Chairman's explanations cover all the above-mentioned
social and political matters.
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 to
restore the nation to normalcy. Other detailed basic principles also state 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.
Delegate Group of National Races said,
The 23 points are suitable to be adopted for the Chapter
Provisions on state of emergency.
It gave a separate suggestion, saying,
The para (b) of para 12 says
The President shall:
(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.
We assume that the matter concerns the
extension of period of during the term of Hluttaw.
The para 16 states 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.
We assume that the above para concerns
the extension of period after the end of the Hluttaw's term.
In our view the expression at the end
of the term of Pyidaungsu Hluttaw should be added to the para 16 as follows:
16. The National Defence and Security
Council, at the end of the term of Pyidaungsu Hluttaw, 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.
National Convention delegates,
The Delegate Group of Peasants agreed
to adopt the 23 points for the chapter Provisions
on state of Emergency.
The Delegate Group of Workers said that
the 23 points explained by the Work Committee Chairman are appropriate to be
adopted as detailed basic principles for the chapter
Provisions of state of Emergency.
The Delegate Group of Intellectuals and
Intelligentsia said that the 23 points explained by the Work Committee
Chairman are suitable to be adopted as detailed basic principles for the
chapter Provisions of state of
Emergency.
The Delegate Group of State Service
Personnel said,The detailed basic principles that are to be adopted are
globally accepted principles. We thank the Work Committee Chairman for
studying in detail the international practices and the national historical
lessons for compiling the points that are appropriate to be adopted as
detailed basic principles for the chapter.
It then gave a separate suggestion.
We are now going to present a separate
suggestion.
According to the para 4 (b), the
President empowers the Commander-in-Chief of the Defence Services with
judicial powers in addition to executive powers. According to the subparas (a)
and (b) of the para 2, the executive power and the legislative power
concerning the executive functions are invested in the President, but not the
judicial power. In empowering the Commander-in-Chief of the Defence Services
with the judicial power in the para 4, it can be assumed that the President is
like empowering the Commander-in-Chief of the Defence Services with the power
that is not entrusted in him in accord with the para 2.
Hence, we would like to add subpara (c)
saying The President shall exercise the judicial power of the Region or State
or Self-Administered Area concerned for community peace and the rule of law.
Moreover, he shall form a suitable organization and entrust the judicial power
to an organization concerned, or to a suitable person? to the para 2.
Delegate Group of Other Invited Persons
said, The Work Committee Chairman's clarifications are appropriate and in
accord with the six objectives of the National Convention for national peace
and progress and to safeguard Our Three Main National Causes. We firmly
support the 14 points for the chapter Election, the six points for the chapter
Provisions on state of Emergency and 23 points for Emergency Provisions.
It also gave the following separate
suggestion.
The para 1 of the chapter states, ?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 order having the force of law to declare a state
of emergency.
Here the President will have to declare
a state of emergency if he learns that the administrative functions cannot be
carried out in accord with the Constitution. In our view there should be a
precise definition to ascertain that the administrative functions cannot be
carried out in accord with the Constitution.
It is necessary for the administrative
body of the area concerned to submit that it no longer can carry out its
functions in accord with the Constitution. If the President learns that the
administrative functions cannot be carried out in accord with the Constitution
during the period the body concerned failed to present the matter or during
the time it is trying to solve it, he should declare a state of emergency.
Hence the para 1 should be amended as
follows:
If the administrative body concerned
submits the matter or the President after learning the matter through other
means, truly believes 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 order having the force of law to declare a state
of emergency.
Mr Chairman,
Para 9 (a) states the expression the
President shall declare the transfer of legislative, executive and judicial
powers to the Commander-in-Chief of Defence Services. The para 10 also states
The Commander-in-Chief of Defence Services who has been transferred the State
power shall have the power to exercise the legislative, executive and judicial
powers. The para 12 (a), the para 13 and the para 17 use the expression State
power. To be in conformity with the said paras, the para 9 should use the
expression State powe instead of legislative, executive and judicial powers of
the State.
The para 12 (b) states The President
shall (b) normally extend the period to six months at a time for two terms if
the Commander-in-Chief of Defence Services presents a submission giving
reasonable fact to him to extend the period if the Commander-in-Chief of
Defence Services has not yet accomplished his duties assigned to him.
Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be
called.
The President, if the
Commander-in-Chief of Defence Services presents a reasonable submission to
extend the period as the Commander-in-Chief of Defence Services has not yet
accomplished his duty assigned to him, should consult the matter with the
National Defence and Security Council.
Hence, we would like to suggest that
the para 12 (b) should be stated The President after consulting with the
National Defence and Security Council shall (b) normally extend the period to
six months at a time for two terms if the Commander-in-Chief of Defence
Services presents a submission giving reasonable fact to him to extend the
period if the Commander-in-Chief of Defence Services has not yet accomplished
his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw
emergency session shall be called.
Mr Chairman,
The para 13 states, The President
shall, after receiving the report of the Commander-in-Chief of Defence
Services concerning the completion of the duties assigned to him, annul the
order empowering the State power to the Commander-in-Chief of 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 Defence Services
if the term of the Pyidaungsu Hluttaw is ended. We would like to add the
expression after consulting with the National Defence and Security Council to
the para as follows:
The President shall, after receiving
the report of the Commander-in-Chief of Defence Services concerning the
completion of the duties assigned to him, after consulting with the National
Defence and Security Council, annul the order empowering the State power to
the Commander-in-Chief of 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 Defence Services if the term of the Pyidaungsu
Hluttaw is ended.
Mr Chairman,
Apart from all the points explained by
the Work Committee Chairman, we would like to suggest to add the following new
point to the chapter.
The President shall submit the matter
concerning the extension of period for the Commander-in-Chief of Defence
Services to exercise the power he has empowered to the latter or annul the
ordinance empowering the Commander-in-Chief of Defence Services to exercise
the State power to the first session of the new Pyidaungsu Hluttaw, if the
term of the Pyidaungsu Hluttaw has ended.
![]()