
This Constitution shall come into force
throughout the Union after its adoption in a nationwide referendum by more
than half of all the people who have the right to vote
Yangon, 30 Dec— The following is a translation of the proposals on
laying down detailed basic principles for chapters “Amendment of the
Constitution”, “State Flag, State Seal, National Anthem and the
Capital”, “Transitory Provisions” and “General Provisions” to be
included in drafting the State Constitution presented by the Delegate Group of
Farmers at the Plenary Session of the National Convention held at Pyidaungsu
Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 28-12-2006.
I wish you all Mr Chairman and members of the panel of chairmen, the
Chairman of National Convention Convening Commission and members, the Chairman
of National Convention Convening Work Committee and members, the Chairman of
National Convention Convening Management Committee and members and National
Convention delegates health and happiness.
I am U In Shein of the delegate group of peasants of Kawthoung Township,
Taninthayi Division.
We of the delegate group of peasants held a meeting on 23 November and
formed a proposal-compilation group comprising one each from 14 states and
divisions to give suggestions on the detailed basic principles for the
chapters “Amendment of the Constitution”, “State Flag, State Seal,
National Anthem, the Capital”, “Transitory Provisions” and “General
Provisions” explained by the Work Committee Chairman at the plenary session
of the National Convention held from 10 to 13 November 2006. The
proposal-compilation group compiled the paper after seeking sound suggestions
from the delegates and holding coordination with members of the panel of
chairman.
Amendment of the Constitution
Now, I will present the paper on the chapter “Amendment of the
Constitution”.
Mr Chairman,
When we study the constitutions of world nations we find that some
constitutions are difficult to be amended and some easy to do so. The weak
points of the adaptation-difficult constitutions are that the legislative body
has to follow a special arrangement as it has no complete administrative
power, that an amendment needs vote of confidence of the public and the
states, and that a special body should be assigned. Because of such hardships,
the constitution has less power to adapt itself to the changing political,
administrative, economic and time and situation, thereby, leading to a decline
in political, administrative and economic sectors. A constitution may suit
best to the nation’s realistic conditions at the time when it was drafted
and adopted. There may come out adverse consequences if the constitution has
weakness in making necessary amendments and endorsements in accord with the
advancing time and prevailing situation and changing political, administrative
and economic conditions.
Mr Chairman,
The minus points of the amendment-friendly constitutions are that the
legislative bodies has the full power to make constitutional amendments as
easy as enacting an ordinary law needing just a self-interpretation for the
purpose. Ours should not be a constitution whose provisions are so easy to be
amended.
Mr Chairman,
The coming Constitution of the nation represents the land, water and
other natural conditions of the Union of Myanmar and objective conditions such
as customs, traditions and culture. We are writing the constitution to be in
harmony with the present political, administrative, and economic sectors while
taking into account the changes that may occur in future. But according to the
law of changes there may arise a situation which demands the amendment of the
respective chapters and articles of the constitution.
Mr Chairman,
As I have suggested, our constitution should not be the one which is not
so difficult nor too easy to be amended. We must avoid the two extremes and
choose the middle way.
Mr Chairman,
We have studied explanations made by Work Committee Chairman concerning
the chapter “Amendment of the Constitution” at the plenary session of the
National Convention held on 10 November 2006. We found that the chapter is
almost free from weaknesses in making amendment that can be found in the
constitutions of some world nations. We agree that the explanations are
comprehensive and in accord with democracy practices.
Concerning the chapter, we are in support of adopting the following
detailed basic principles.
1. If there is wish to amend anyone of the provisions of this
Constitution, the following methods shall be applied:
(a) The proposal to amend the Constitution shall be submitted in the
form of a Bill.
(b) A Bill to amend the Constitution shall contain no other proposals.
2. Such Bill to amend the Constitution shall be initiated in the
Pyidaungsu Hluttaw.
3. The Pyidaungsu Hluttaw shall accept the Bill to amend the
Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw
members submit it.
4. (a) The adopted provisions of the State Fundamental Principles, the
State Structure, the Formation of Legislature, the Formation of Executive, the
Formation of Judiciary, and the State of Emergency shall be amended with the
prior approval of more than 75 per cent of all the members of the Pyidaungsu
Hluttaw, in a nation-wide referendum only with a majority vote of more than
half of those who have the right to vote.
(b) Provisions other than those mentioned in the paragraph (a) shall be
amended only with a majority vote of more than 75 per cent of all the members
of the Pyidaungsu Hluttaw.
(c) Articles that are concerned with or inclusive in Chapters stated in
the paragraph (a) shall be prescribed when the Constitution is drafted.
State Flag, State Seal, National Anthem, the Capital
Mr Chairman,
Suggestions will be made on the detailed basic principles to be adopted
for the Chapter “State Flag, State Seal, National Anthem and the Capital”
to be included in formulating the Constitution.
Every independent and sovereign nation prescribes the State Flag, State
Seal, National Anthem and the Capital in accord with its history, conviction
and beliefs.
Mr Chairman,
The coming Constitution will prescribe the State Flag which is the
pinnacle of all the citizens. The colour white representing the sincerity,
purity of mind and nobility of the Myanmar people should be included in the
State Flag.
The Union of Myanmar has been striving to develop her economy, with
agriculture as the base. As Myanmar is an agro-based nation, the colour green
that stands for peace and tranquillity and lush and verdant environment should
be used in the Flag.
Yellow that depicts solidarity, harmony, re-consolidation and love and
unity of all the national races in addition to the nation’s rich
above-ground and underground natural resources should be included in the Flag.
Yellow is the auspicious colour of Myanmar renowned as the Golden Myanmar or
Golden Land for her rich natural resources. Moreover, red, which means valour
and decisiveness of the Myanmar people, should also be portrayed.
Mr Chairman,
The perpetuation of the Union of Myanmar can be ensured with the
patriotism of the people. The strength of the nation lies within. A large
white star directing upwards and representing the nation whose virtue is the
unity of her people and the ability to stand on her own feet should be
included in the Flag.
The Flag is marked with green, yellow and red stripes in a proportionate
ratio. The said three colours reflect the nation’s natural conditions and
national unity. On the left end of the green stripe at the top of the Flag is
a large white star directing upwards.
Mr Chairman,
For the national people to always uphold Our Three Main National Causes
— non-disintegration of the Union; non-disintegration of national
solidarity; perpetuity
of sovereignty and for the nation to exist forever, the State Seal
should include the map of Myanmar to represent the fundamental principle of
the State Structure which says that no part of the territory of the Union
shall ever secede from the Union.
In accord with the adopted fundamental principle “the State shall be
known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw”, the words
“Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be included in the
State Seal.
As the strength of the nation lies within and in accord with the fine
traditions of unity of the national races, a white star representing
Myanmar’s ability to stand on her own feet should be included in the State
Seal. The portrait of the lion king representing the people who are endowed
with courage and physical and intellectual ability and who will safeguard the
Union of Myanmar at the risk of their lives and the Myanmar traditional floral
arabesque standing for the high civilization and hospitality of the Myanmar
people should be included in the State Seal.
Mr Chairman,
The National Anthem should be a song depicting the essence of the State
Flag and the State Seal and declaring the conviction and belief of the Myanmar
people to safeguard Our Three Main National Causes with blood, sweat and
lives. It should be a song that is the soul of the national races and helping
vitalize their nationalistic fervour.
Mr Chairman,
The present National Anthem which expresses the following verses
“Our land where freedom and justice prevails
“Our land and country where equality and sincerity ensures peace for
all
“Let us make a firm resolution to safeguard and preserve our Union
heritage for its perpetuation” has been used in the nation for many years.
It also reflects the unity, fairness and equality of the people of the Union
of Myanmar where the noblest and worthiest of worldly values are further
burgeoning. The song also vitalizes the nationalistic fervour of the national
brethren to the degree of daring to safeguard Our Three Main National Cause at
the risk of their lives.
Mr Chairman,
The Capital of the Union of Myanmar should be located at its centre. The
Capital should be the hub of the nation that is easily accessible. It should
be in a place where transport with all the states and divisions is good and
smooth. It should be the city that can run the administrative machinery of the
entire nation in accord with the schedule.
Now, all the government institutions are carrying out their normal
functions at their head offices set up in Nay Pyi Taw. Hence, Nay Pyi Taw that
is in the heart of Myanmar, where the head offices of government institutions
are now located and where transport with every part of the nation is good
should be the Capital of Myanmar.
Mr Chairman,
We find that the explanations made by the Work Committee Chairman at the
plenary session of the National Convention held on 10 November 2006 concerning
the chapter “State Flag, State Seal, National Anthem, the Capital” are
appropriate and comprehensive.
Thus, concerning the chapter, the following detailed basic principles
should be adopted.
“(1) The State Flag shall be prescribed as follows:
The Flag is marked with green, yellow and red stripes in a proportionate
ratio. On the left end of the green stripe at the top of the Flag is a large
white star directing upwards.
“(2) Law shall be promulgated concerning the State Flag.”
“(3) The State Seal shall be as shown below.”
“(4) The present National Anthem shall be prescribed as the National
Anthem.”
“(5) The capital of the State is Nay Pyi Taw.”
U Shwe Hla, a National Convention delegate of An Township, Rakhine
State, will continue to read the proposal paper.
Transitory Provisions
I am U Shwe Hla, a National Convention delegate of An Township, Rakhine
State. I will present the suggestion on the chapter “Transitory
Provisions”.
The new Constitution will include provisions in connection with the
transitory period. When a new constitution is promulgated, all three pillars
— the legislature, the executive and the judiciary — and economic and
social infrastructures will change.
The formal process of transition needs to be smooth. And the sovereign
power of the State should run as normal to hand over the sound political
heritage to the new era. Hence, the transitory provisions are stipulated in a
constitution.
Mr Chairman,
International events show that in changing a political system, a nation
cannot import other countries’ political systems or copy them. The process
of transition should be based on the objective conditions of the nation and
people. To avoid the evil consequences resulting from the act of importing
other’s systems, the government laid down and is implementing the
seven-point Road Map that suits best to the objective conditions of the Union
of Myanmar.
The Constitution drafted in accord with the fundamental principles and
detailed basic principles adopted by the National Convention within the
framework of the seven-point Road Map will be ratified at a nation-wide
referendum.
Mr Chairman,
After the State Constitution comes into force, the State Peace and
Development Council will have to hand over the power to the Pyidaungsu Hluttaw
that will emerge under the State Constitution. Hluttaws to be formed under the
State Constitution will not emerge immediately, but only after Hluttaw members
have been elected. The three sovereign powers of the State — legislative,
executive and judicial powers — can be exercised continuously only if the
State Peace and Development Council exercises the three sovereign powers
during the transitional period between the adoption of the State Constitution
and coming to being, of the Hluttaws and then hands them over.
A detailed basic principle should be adopted with respect to ensuring
continuous exercise of State sovereignty during the interval between the
coming into force of this Constitution and the day the first session of the
Pyidaungsu Hluttaw is convened.
Moreover, Hluttaw members will be elected in accord with the State
Constitution. In the process, the State Peace and Development Council will
have to take necessary steps in accord with the State Constitution.
Power should be vested in the State Peace and Development Council to
carry out legislative functions on behalf of the Pyidaungsu Hluttaw heretofore
the Pyidaungsu Hluttaw comes into existence. In this regard, it is required to
lay down a principle to recognize that the work done by the State Peace and
Development Council to bring the Constitution into force shall be deemed to
have been carried out in accord with the Constitution.
There should be adopted detailed basic principles regarding the work
done by the State Peace and Development Council to bring the State
Constitution into force till the date on which the State Constitution come
into force.
Mr Chairman,
The State Peace and Development Council has built basic foundations to
realize the State objectives, and issued policy guidelines, laws, rules,
regulations, orders, and proclamations to expedite all-round tasks for
building a modern developed democratic nation. Accordingly, a detailed basic
principle “All measures, responsibilities and rights of the State Peace and
Development Council shall devolve on the Pyidaungsu Hluttaw that will come
into being under the State Constitution” should be laid down.
Mr Chairman,
The Union of Myanmar has existing laws that have been practised
throughout the successive years. Before a new Constitution comes into
operation, the existing laws continue to be in force in a nation. After the
new Constitution comes into operation, without prejudice to the new
Constitution, the existing laws are to remain in force. And any existing laws
contrary to the Constitution are to be amended or repealed from time to time
by the Pyidaungsu Hluttaw.
Similarly, before a new Constitution comes into force, there have been
predominant rules, regulations, bye-laws, notifications, orders, directives
and procedures in a country. After the new Constitution comes into operation,
these existing rules, regulations, bye-laws, notifications, orders, directives
and procedures are to remain in force if they are not contrary to the new
Constitution, and to be annulled if they are contrary to the new Constitution.
Mr Chairman,
After a Constitution comes into force, it is needed to take steps such
as judicial formation or establishment of courts at different levels, and
devolving of jurisdiction and powers to courts at all levels in accord with
the Constitution. Jurisdiction should devolve upon all courts existing on the
date of the coming into operation of the Constitution until new courts have
been established by the law in accord with the Constitution to ensure
continuous exercise of jurisdiction during the transitional period.
Likewise, all functioning administrative bodies or governmental bodies
and service personnel are to continue in their functions. It is also required
to ensure regular attendance of the service personnel.
Mr Chairman,
The delegate group of peasants has studied explanations made by the Work
Committee Chairman at the plenary session of the National Convention held on
13 November 2006 concerning the chapter “Transitory Provisions”. We have
found that the Work Committee Chairman has explained the most suitable
programme to hand down the fine political traditions as the heritage to the
new ear and ensure a smooth step-by-step transitory process.
Thus, concerning the chapter “Transitory Provisions”, the following
eight detailed basic principles should be adopted.
1. “This Constitution shall come into force throughout the Union after
its adoption in a nationwide referendum by more than half of all the people
who have the right to vote.”
2. “The State Peace and Development Council shall, continuing to
exercise State sovereignty, carry out during the interval between the coming
into force of this Constitution and the day the first session of the
Pyidaungsu Hlutaw is convened, all the functions of the Pyidaungsu Hluttaw
under the Constitution.”
3. “The work done by the State Peace and Development Council to bring
the Constitution into force shall be deemed to have been carried out in accord
with this Constitution”
4. “All policy guidelines, laws, rules, regulations, notifications,
proclamations, measures, responsibilities and rights of the State Peace and
Development Council shall devolve on the Union of Myanmar”
5. “Existing laws shall remain in force in so far as they are not
contrary to this Constitution until and unless they are repealed or amended by
the Pyidaungsu Hluttaw”
6. “Existing rules, regulations, bye-laws, notifications, orders,
directives and procedures shall remain in force in so far as they are not
contrary to this Constitution until and unless they are repealed or amended by
the Union Government”
7. “All courts existing on the date of the coming into operation of
this Constitution shall continue to exercise their jurisdiction until new
courts are established by law in accord with this Constitution. All cases,
civil, criminal and revenue, pending in the said courts, shall be disposed of
in accord with the laws exercised on the date on which the cases came up for
trial”
8. “All functioning State service personnel of departmental
organizations including Tatmadaw under the State Peace and Development Council
on the day this Constitution comes into force shall continue in their
functions unless otherwise prescribed by the Government of the Union of
Myanmar”
U Tun Oo a delegate of the peasants group of North Okkapala, Yangon
Division, will read the proposal paper on General Provisions.
General Provisions
Mr Chairman and National Convention delegates,
I am U Tun Oo a delegate of the peasants group of North Okkalapa, Yangon
Division. I will present suggestions on the chapter “General Provisions”.
Ever country of the world writes the Constitution that is the main law
that reflects a nation’s history and portrays the structure of that nation.
Moreover, the Constitution is the main stem of the laws of a nation
stipulating the sharing of the three branches of power — the legislative
power, the executive power and the judicial power — and the political and
economic system. Hence all the laws of a nation that are like the branches of
the Constitution should be in conformity with the Constitution. In the 1974
Constitution of our nation and constitutions of some nations, it is stated
that the Constitution is the basic law of laws of the State.
There should be a detailed basic principle which states: “This
Constitution is the basic law of laws of the State.”
Mr Chairman,
Myanmar language is widely used in various parts of the nation. The
fundamental principle has been laid down with the purpose of ensuring
uniformity and clarity in communications between the people and the government
institutions, and among the government institutions, without any controversy.
The fundamental principles are the guidelines in interpreting laws. The
fundamental principles were laid down and adopted in accord with the natural
conditions, history and current situation of the nation after making
consideration from various points of view for political stability and progress
and prosperity of the future state. They are guidelines in interpreting
provisions of the State Constitution and of other laws.
The following two fundamental principles should be transferred to the
Chapter “General Provisions”.
“(1) Myanmar language is the official language.
“(2) 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.”
Mr Chairman,
Only the Constitution written in Myanmar language will be adopted and
promulgated. Afterwards, the Constitution may be translated into other
languages as necessary. Although the Constitution may be translated into
various languages, only the Constitution written in Myanmar language will be
adopted and promulgated. And if there arises a matter to interpret a provision
it will be based on Myanmar text not to cause wrong expressions, translations
and disputes on interpreting the preamble and every single article and clause.
Interpretation of the expressions of the Constitution should be referred to
the existing Interpretation of Expressions Law.
Mr Chairman,
The Constitution of a nation is the milestone of that nation and it is
written in harmony with the historical events. Hence, the Constitution is
worthy of recording as a historic landmark. It is required to keep the
manuscript of the Constitution safely for a long time. The country has the
National Records and Archives Law. In accord with the law, the Myanmar
manuscript of the Constitution, that has been adopted and promulgated through
a referendum, should be enrolled for record in the National Archives. The
manuscript is the conclusive evidence of the provisions contained in the
Constitution.
Mr Chairman,
The National Convention has already adopted a fundamental principle
“The State permits all economic forces such as the State itself, regional
organizations, cooperative organizations, joint-venture organizations and
private concerns, etc. to take part in economic activities for the development
of the national economy.” Now, the nation has seen many economic enterprises
that are jointly run with the government based on mutual interest, or internal
or external organizations or persons are running under the terms and
conditions stipulated by the State. After the State Constitution comes into
force, there will emerge economic enterprises that will have to be shared
among the Union government, Region government or State government, cooperative
and private companies sector-wise in accord with the situation under the
respective rules and regulations. There may arise a situation for which a
Region or State government is to be vested with the right to run one of the
economic enterprises which the Union government has to run solely, in the
interests of the State. Moreover, there may arise situations for which a
cooperative society or an economic organization or a person may enjoy the
right to run such economic enterprises. And there may arise a situation for
which a Region or State government is to be vested with the right to run one
of the economic enterprises which the Union government has to run solely, in
the interests of the State. Moreover, there may arise situations for which a
cooperative society or an economic organization or a person may enjoy the
right to run such economic enterprises. It is assumed that a detailed basic
principle should be adopted that in such a situation, a Region or State
government, a cooperative society or a person can run such kinds of economic
enterprises with the government through joint-venture system or under
agreements.
Mr Chairman,
There have been many treaties and agreements the Government of the Union
of Myanmar ratified after regaining independence in 1948 with the governments
of other countries. The Union of Myanmar will have to honour the legitimate
obligations arising out of any treaties or agreements which have been in force
before the commencement of this Constitution between the Government of Myanmar
and the Government of any other State provided that these countries honour any
reciprocal obligations towards the Union of Myanmar. In this regard, the
detailed basic principle “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” should be
adopted.
Mr Chairman,
Any proceedings relating to contracts signed with the Government of the
Union of Myanmar or liabilities which might have been brought against the
Government of the Union of Myanmar before this Constitution comes into force,
may be brought for losses against the Union Government to be formed under this
Constitution. Similarly, if given the similar right, the Government of the
Union of Myanmar should also have the right to sue the bodies concerned.
Likewise, the Union of Republic of Myanmar that will come into existence after
this Constitution comes into force should have the right to sue and may be
sued by the name of the Union of Republic of Myanmar. A detailed basic in
connection with the said fact should be adopted.
The remaining part of our proposal paper concerning the chapter will be
presented by U Sai Yi Mon, a National Convention delegate of Namhkam Township,
Shan State.
Mr Chairman and National Convention delegates,
I am U Sai Yi Mon, a National Convention delegate of the delegate group
of peasants of Namhkam Township, Shan State.
Now, presentation will be made on the formation of the Constitutional
Tribunal, the election of its members including the chairman and the term and
qualifications of the members. The functions of the Constitutional Tribunal
are of great importance. Some of them are to define the provisions of the
State Constitution if necessary, and resolve disputes on matters related to
the State Constitution. So, a member of the Constitutional Tribunal should be
the one who is at least 50 years of age with the qualifications set for a
Union Chief Justice and a Union Chief Court Judge. In addition, he should be
knowledgeable about political, administrative, economic and security affairs.
We assume that it will be suitable if the membership of the Constitutional
Tribunal is nine including the chairman. The President, the Speaker of the
Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw should choose three
members each from Hluttaw members or non-Hluttaw members with the approval of
the Pyidaungsu Hluttaw. It is assumed that the Pyidaungsu Hluttaw should not
have the right to reject the members of the Constitutional Tribunal nominated
by the President unless it can prove the members disqualified. In addition,
the President should have the right to nominate new members for the seats that
are still vacant due to the failure to obtain the agreement of the Pyidaungsu
Hluttaw.
Mr Chairman,
Now, explanation will be made on the term of the Constitutional
Tribunal. A detailed basic principle has been adopted that the term of the
Pyidaungsu Hluttaw shall be five years. The term of the Constitutional
Tribunal should be the same as that of the Pyidaungsu Hluttaw. On expiry of
its term, however, it should continue to carry out its functions till the
President forms a new Constitutional Tribunal.
Mr Chairman,
If a member of the Constitutional Tribunal is a member of a Hluttaw, he
shall resign from the Hluttaw concerned on the date he is appointed as a
member of the Constitutional Tribunal. And if he is a government employee, he
shall retire from civil service in accord with the civil service rules and
regulations. The Constitutional Tribunal shall be free from political bias in
settling disputes related to the State Constitution. So, if a member of the
Constitutional Tribunal is also a member of a political party, during the
tenure of membership he should have no right to participate in the activities
of the political party concerned. If a member of the Constitutional Tribunal
wishes to resign due to a reason before expiry of his tenure, he should have
the right to submit his resignation to the President. Moreover, a basic
principle should be prescribed in the State Constitution to appoint a new
member if there is a vacancy in membership in the Constitutional Tribunal.
Mr Chairman,
A member of the Constitutional Tribunal should possess such
qualifications as loyalty to the State, adherence to the provisions of the
Constitution, and good character. If he fails to honour these requirements or
violates any of these rules, he should be blamed or impeached under the
provisions prescribed in this Constitution set to blame or impeach the Union
Chief-Justice or a Union Supreme Court Judge.
Mr Chairman,
The detailed basic principles on the Constitutional Tribunal have been
laid down. It is said that a Constitutional Tribunal shall be set up to
interpret provisions of the State Constitution, to scrutinize whether or not
laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State
Hluttaws and functions of executive authorities of the Union, Regions, States
and Self-Administered Areas are in conformity with the State Constitution, to
decide on disputes in connection with the State Constitution between the Union
and Regions, between the Union 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 State Constitution. The tasks to be carried out by the
Constitutional Tribunal are stated in these detailed basic principles.
As regards the matter, the following detailed basic principle should be
adopted.
“ The functions of the Constitutional Tribunal are as follows:
1. to interpret provisions of the State Constitution;
2. to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw,
the Region Hluttaws and the State Hluttaws and functions of executive
authorities of the Union, Regions; States and Self-Administered Areas are in
conformity with the State Constitution;
3. to scrutinize functions of executive authorities of the Union,
Regions, States and Self-Administered Areas are in conformity with the State
Constitution;
4. to decide on disputes in connection with the State Constitution
between the Union and Regions, between the Union 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 State Constitution;
5. to decide on disputes in connection with the rights and
responsibilities of the Union and Regions; or States or Self-Administered
Areas in implementing Union law by Regions, States or Self-Administered Areas;
6. to scrutinize and decide on matters relating to Union territories
informed by the President,
7. functions entrusted by laws prescribed by the Pyidaungsu Hluttaw”.
Mr Chairman,
The courts have to hear criminal cases and civil law cases in accord
with the existing laws. In the process, if there is a dispute as to whether a
provision of a law is in conformity with the Constitution in a case being
heard by a court, the Constitutional Tribunal is responsible for deciding on
such a case. The court concerned should suspend the case it is hearing and
submit its views to the Constitutional Tribunal in accord with the procedures
for its decision. Regarding the dispute, the decision of the Constitutional
Tribunal should apply all the cases, and the decision should be final. A
detailed basic principle should be adopted in connection with the matter.
The Constitutional Tribunal is responsible for interpreting the
provisions of the State Constitution. In the process, the President, the
Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the
Speaker of the Amyotha Hluttaw, the Union Chief-Justice and the chairman of
the Constitutional Tribunal should have the right to submit the cases directly
to the Constitutional Tribunal. And in a case in which Region or State Chief
Minister; the Speaker of the Region or State Hluttaw; the chairman of the
Leading Body of the Self-Administered Areas and at least 10 percent of members
of the Pyithu Hluttaw and the Amyotha Hluttaw submit a case to interpret the
Constitution, they should have the right to do so in accord with the
procedures rather than submit directly. Concerning the matter there should be
an adopted detailed basic principle.
The Pyidaungsu Hluttaw will have to prescribe necessary laws for
formation of the Constitutional Tribunal, relations with other organizations,
and responsibilities, rights and privileges of the Constitutional Tribunal. In
the process, the role of the chairman of the Constitutional Tribunal should be
designated to be equivalent to the position of a Vice-President, and a member
of the Constitutional Tribunal, to the position of a Union minister in order
to make reference in prescribing the laws. A detailed basic principle should
be adopted in connection with the matter.
Mr Chairman,
The 26 detailed basic principles explained by the Work Committee
Chairman concerning the chapter “General Provisions” should be adopted.
Mr Chairman,
We the delegate group of peasants agree that the four detailed basic
principles concerning the chapter “Amendment of the Constitution”, the
five detailed basic principles in connection with the chapter “State Flag,
State Seal, National Anthem, the Capital”, the eight detailed basic
principles regarding the chapter “Transitory Provisions” and the 26
detailed basic principles in connection with the chapter “General
Provisions” should be adopted.
Mr Chairman and National Convention delegates,
We have already made a resolve for the success of the National
Convention for the emergence of a modern and developed discipline-flourishing
democratic state, and to join hands firmly with all while having in mind the
true patriotism till the seven-point Road Map has been successfully realized
step by step.
![]()
Secretary-1 greets NC delegates before
departure for home

Yangon, 30 Dec — Chairman of the National Convention Convening
Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein
Sein greeted the delegates of states and divisions this morning before
departure for home during the adjournment of the National Convention.
First, the Secretary-1 and commission members arrived in front of the
National Convention Convening Reception Subcommittee at Nyaunghnapin Camp,
Hmawby Township, here and they were welcomed there by the National Convention
delegates. Next, the Secretary-1 cordially greeted the delegates from states
and divisions before their departure for home. Later, the delegates left
Nyaunghnapin Camp at 7 am.
Similarly, Vice-Chairman of NCCC Chief Justice U Aung Toe, Secretary of
NCCC Minister for Information Brig-Gen Kyaw Hsan, Member of NCCC
Auditor-General Maj-Gen Lun Maung and Commission members yesterday afternoon
bade farewell to the NC delegates before their departure.
![]()
Proposals to be published
Yangon, 30 Dec— Proposals of Delegate Group of Farmers, Delegate Group
of Intellectuals and Intelligentsia, Delegate Group of State Service Personnel
and Delegate Group of Other Invited Persons on laying down detailed basic
principles for Chapters “Amendment of the Constitution”, “State Flag,
State Seal, National Anthem and the Capital”, “Transitory Provisions”
and “General Provisions” to be included in drafting the State Constitution
made at the Plenary Session of the National Convention held at Pyidaungsu Hall
of Nyaunghnapin Camp in Hmawby Township, Yangon Division, will be published in
the dailies.
![]()