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	The Union Government shall uphold and maintain stability, peace, and prevalence of law and order in the country YANGON, 12 Dec—The following is the clarifications of National Convention Convening Work Committee Chairman U Aung Toe on adoption of detailed basic principles on Powers and Functions of the President included in the sharing of executive and judicial powers for formulating State Constitution at the plenary session held today at Nyaunghnapin Camp in Hmawby Township, Yangon Division. The delegates have already understood the clarifications made by the National Convention Convening Work Committee Chairman and the discussions and suggestions made by themselves concerning the sharing of the executive and judicial powers at the plenary session held from 17 February to 31 March 2005. The suggestions are appropriate and within the framework of the Fundamental Principles and detailed basic principles already laid down by the National Convention. The Work Committee after thoroughly studying the suggestions, presented its compilation of the detailed basic principles to the National Convention Convening Commission. The Commission studied the compilation in detail and approved it. I will now explain the approved detailed basic principles for the executive and judicial power. At the plenary session on 7-3-2005, the Work Committee Chairman explained that the previous sessions of the National Convention had laid down the detailed basic principles, “The Head of State is the President of the Union”, “The Executive Head of State is the President of the Union” and “The President shall exercise powers and function assigned and vested by the constitution and other laws”. He then explained that the following detailed basic principles concerning the Powers and Functions of the President should be laid down: 1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President. 2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons: 1. President 2. Vice-President 3. Vice-President 4. Speaker of the Pyithu Hluttaw 5. Speaker of Amyotha Hluttaw 6. Commander-in-Chief of Defence Services 7. Deputy Commander-in-Chief of Defence Services 8. Minister for Defence 9. Minister for Foreign Affairs 10. Minister for Home Affairs 11. Minister for Border Affairs. 3. The President shall have (a) the right of pardon (b) the right of amnesty in accord with the recommendation of the National Defence and Security Council. 4. The President shall (a) confer titles, honours and awards (b) revoke titles, honours and awards. 5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nation, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him. 6. The President of the Union, in accord with law, (a) shall appoint and recall the diplomats of the country; (b) shall agree on the appointment of foreign diplomats and send information on the recall (c) shall accept the letters of accreditation presented by foreign diplomats. 7. The President of the Union, in accord with law, shall appoint and dismiss heads of bodies of public services. 8. The President of the Union, in accord with law, (a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw; and (b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties. 9. The President of the Union shall have the right to occasionally 0deliver an address or send a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State. 10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary. 11. (a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw. (b) If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval. (c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw. (d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date. (e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw. (f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect. 12. The President shall (a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State; (b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session. (c) declare war or make peace only with the assent of the Pyidaungsu Hluttaw. 13. “The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.” 14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him. Delegate group of nationalities, delegate group of peasants, delegates group of workers, delegate group of intellectuals and intelligentsia, delegates group of State service personnel and delegate group of other invited persons, and delegate group of political parties — Union Pa-O National League, Mro or Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party discussed that the detailed basic principles should be laid down in accord with the clarifications of the Work Committee Chairman. I will now present the separate presentations of the delegate groups. The National Unity Party of the delegate group of political parties said that the Work Committee Chairman had explained that as the President is the Head of State, he will have to carry out daily the tasks including politics, administration, economy and security. As the economy is the most basic and important sector, the President may need an economic support group. Thus a President-led National Economic Council, with ministers as members should be formed. Concerning the suggestion, I will explain that the formation of the National Defence and Security Council is for the President to establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw, and take suitable military action in the face of aggression against the State in consultation with National Defence and Security Council. On the other hand the economic issues do not need immediate action. They are the matters that can be implemented through coordination within the Union government. Both the 1947 Constitution and the 1974 Constitution did not include a stipulation stating the formation of the National Economic Council with the President at the helm. The constitutions of some nations do not form the body either. The President may form economic advisory boards as necessary. Thus, I will like to inform the party concerned that the formation of a National Economic Council is not necessary. The NUP also said that the sub para (f) states, “If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect”. But it seems that the matter, which the region Hluttaw or the state Hluttaw has no right to make decision, is not included in the para (f). The matter should be added to the detailed basic principle. Thus a detailed basic principle “If such an ordinance contains matters which the region Hluttaw or the state Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect” should be added to the original detailed basic principle.” Concerning the suggestion, I would like to explain that the Ordinance is stipulated in the 1947 Constitution, the 1974 Constitution and constitutions of some nations for the head of state to have the right to issue an ordinance in times of emergency when the stability of State, community peace, and the rule of law are facing encroachment. In the detailed basic principles of the executive Power of the Union government it is stated, “The Union Government shall uphold and maintain stability, peace, and the prevalence of law and order in the country”. The detail basic principles of the executive power of the region of state government say, “The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law”. As the sub para of the para 11 covers all the objectives of the ordinance, no addition is needed to it. Representatives-elect of the political parties present the opinion of the own partiesU 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 of the delegate group of representatives-elect said that sub para (c) and (d) of the para 3 state as follows: (c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion. (d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be region-wise as well as subjectwise. As the said two paras concern the functions of the President they should be included in the chapter “the Powers and Functions of the President”. Concerning the matter, I would like to say that the definitions of the sub paras 1 and 2 and sub paras 3 and 4 of the para 2 will be more comprehensive and complete only if they are stated in the same para. If the sub para 3 and 4 are stated in the chapter “The Power and Functions of the President, their definition can also change. The two said paras are also stated under the Chapter “The Union Government” of the 1947 Constitution. Thus, it is not appropriate to state them under the chapter “Powers and functions of the Union Government”. Hence, in accord with the suggestions of the delegates the following detailed basic principles concerning the heading “The Powers and Functions of the President” of the sector for sharing the executive and judicial powers are adopted: 1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President. 2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons: 1. President 2. Vice-President 3. Vice-President 4. Speaker of the Pyithu Hluttaw 5. Speaker of Amyotha Hluttaw 6. Commander-in-Chief of Defence Services 7. Deputy Commander-in-Chief of Defence Services 8. Minister for Defence 9. Minister for Foreign Affairs 10. Minister for Home Affairs 11. Minister for Border Affairs. 3. The President shall have (a) the right of pardon (b) the right of amnesty in accord with the recommendation of the National Defence and Security Council. 4. The President shall (a) confer titles, honours and awards (b) revoke titles, honours and awards. 5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nation, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him. 6. The President of the Union, in accord with law, (a) shall appoint and recall the diplomats of the country; (b) shall agree on the appointment of foreign diplomats and send information on the recall (c) shall accept the letters of accreditation presented by foreign diplomats.” 7. The President of the Union, in accord with law, shall appoint and dismiss heads of bodies of public services. 8. The President of the Union, in accord with law, (a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the approval of the Pyidaungsu Hluttaw; and (b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties. 9. The President of the Union shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State. 10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary. 11. (a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw. (b) If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval. (c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw. (d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date. (e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw. (f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect. 12. The President shall (a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State; (b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session. (c) declare war or make peace only with the assent of the Pyidaungsu Hluttaw. 13. “The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.” 14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him.