State service personnel shall be free from party politics

YANGON, 11 March — The following is the clarification made by Vice-Chairman of the National Convention Convening Work Committee Attorney-General U Aye Maung, on behalf of the Chairman of the National Convention Convening Work Committee, on State service personnel included in the executive sector for laying down detailed basic principles for the sharing of executive and judicial powers to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 8 March.

I will present what the Work Committee has found in connection with the adoption of detailed basic principles for State service personnel.

As regards the occupational guarantee for State service personnel, neither 1947 Constitution nor 1974 Constitution embodied precise provisions.

Therefore, the National Convention has laid down basic principles for State service personnel as follows:

(1) State service personnel shall be free from party politics;

(2) The State shall enact necessary laws for State service personnel to have due security in service and sufficiency of food, clothing and shelter, for married women in service to get maternity benefits, and for welfare to ease livelihood of persons who have retired from service.

All nations adopt two sectors: one is to lay down the policy and the other is to implement it in accordance with law. No matter whatever changes in policy-making organs and persons, the smooth running of the State machinery at different stages alone will bring with it the rule of law and the prevalence of peace and stability in the country, whereupon the public life will prosper and be secured. In the multi-party democracy system, essential is a disciplined State service organization which has the right to act in accordance with law to work for the government regardless of whichever party in office. A study shows that the government machinery will be out of order at the collapse of harmonious relations among the State service personnel, if State service personnel are not free from party politics.

With this end in view, the National Convention has adopted a detailed basic principle that State service personnel shall be free from party politics.

As we are going to practise the discipline-flourishing multi-party democracy system, the State machinery at all levels should remain robust regardless of any government change. Therefore, disciplined, law-abiding and qualified service personnel are in need. State service personnel are to keep good discipline in discharging their duties while upholding ‘Our Three Main National Causes’. The State is therefore responsible to grant the occupational security to its service personnel.

As regards the occupational security for the State service personnel, some rules and regulations of service personnel were expressed in Section 98 of the Government of Burma Act 1935, which was later abrogated and replaced with Burma Independence Act of 1947.

It is stated in Articles 150 and 151 of 1974 Constitution that:

Article 150

‘Every working citizen has the right to—

(a) rest and recreation,

(b) fixed working hours and leave as prescribed by law; and

Article 151

(a) Every working citizen shall enjoy benefits as prescribed by law for injury due to occupational accidents or when disabled or sick or old.

(b) Heirs to any working citizen shall enjoy benefits as prescribed by law on his death.’

Article 81 of 1974 Constitution prescribes that “Bodies of public services may be constituted only by decision of the Council of State”.

Therefore, the Council of State formed an 18-member commission led by U Kyaw Soe, who was a member of the Council of State, in accordance with Article 81 of the Constitution and Sections 8 and 9 of the Council of State Law, on 29 March 1975, to draw up plans for and give advice on all the matters related to white-collar and blue-collar workers.

After conducting necessary surveys, the commission submitted a report stating improved productivity and higher efficiency of service personnel, occupational regulations, higher living standard, creation of occupational welfare, and life security and insurance.

To present the commission’s some surveys in brief, in time of the past parliamentary democracy, Myanmar adopted that democracy system. However, the secretariat and the bureaucratic machinery remained unchanged the same as those under the British rule.

On 2 March 1962, the Revolutionary Council addressed the deteriorating situation of the country and changed the administrative pattern.

However, it is found that the measures, though taken in line with what is stated in Book XXVII of New Administrative Pattern, still failed and could not solve the problems. In undertaking the maters of service personnel, the central board of civil service affairs, the ministry, the Security and Administrative Committees were set up in place of the old administrative machinery.

The economic planning committee, the committee for service personnel affairs, the cooperation and coordination committee, and the primary people’s workers council and so on were set up. Yet, the problems still remained unsolved as a result of the clashes between functions and powers. Placing emphasis on management rather than improved productivity had an ill effect on productivity. In factories and workshops, there were differences in the management, the service personnel affairs, the cooperation and coordination committee and the people’s workers council. It is therefore found that the short- and long-term economic policies proved unreliable. In spite of the emergence of Pyithu councils at different levels, service organizations were still faced with difficulties in their discharge of duty.

The delegation of powers to some service personnel triggered dissatisfaction among some service personnel. In the end, they sharked from their duties without cooperating with the authorities, and they even caused disturbances.

In some departments, service personnel were appointed through the civil service selection and training board. However, other departments selected the staff by themselves and sought the approval from the board. There were mixed practices in connection with the promotion, transfer and punishment of staff. This led to confusion, disputes and depression among service personnel. In implementing the new system of administration, it cost a lot to solve some cases to extend the posts of staff. It is however found that despite much expenditure in administration, tasks could not be undertaken as much as they should have been. In some areas, it is found that the implementation of the tasks was not as effective as those in the period in which the previous administrative pattern remained the same as the condition in which the past administrative pattern had not been in practice. The creation of new posts and increase in staff population were not effective due to placing emphasis on management rather than productivity. It is therefore found that the commodity production remained ineffective.

Some department staff ignored individual responsibility shuffling the responsibility to the committees. This caused delays. At that time, it is found that some Hluttaw representatives were biting more than they could chew in details of office works.

The rights set for government employees according to the fundamental rules and regulations promulgated in the time of the British government and the rights set for workers of private factories were intricate. Powers were mostly in the hands of superior bodies. Duties were assigned unequally. Punishment given to wrong-doing employees was not indecisive. In solving the problems, settlement was made on individual problems instead of taking into consideration the whole cause. In consequence of it, there sparked dissatisfaction among the folk of employees.

Senior General Than Shwe, Chairman of the State Peace and Development Council, gave guidance on matters related to employees at the Meeting on National Economic Development held at the meeting hall of the Office of the Commander-in-Chief (Army) on 9 October 1992. In his guidance, he said that now is the time when the country is in the process of transition to a new era and system. To achieve success in this process, it is necessary to analyze the service personnel sector. Some employees work hard, while others cling to the red-tape system. Employees are needed to work dynamically and energetically with sound and correct thought and vision.

What needs amending should be amended in the procedures of the red-tape system. If an employee delays the work, disturbs it, has no respect for it, and works recklessly, he should be removed and sacked sooner rather than later. The procedures in use should be reviewed. If any of them proves inapplicable, they should be amended. Working hard with good will is a must in developing the country. It is impossible to shirk the responsibilities. Work should be accomplished even without the supervision of the minister concerned. Employees at different levels are responsible to provide supervision.

The heads of staff at different levels should avoid giving instructions from his seat in the office room. They are to make field trips down to grass-roots level and provide effective management and supervision. Care should be taken not to make the country suffer losses on account of one’s own fault in serving the country. It is therefore necessary for all the staff at different levels to gear themselves up for serving the interest of the country, the Senior General said.

State service personnel take up the duty with the aim of working for the development of the country and the race. It is natural that employees work hard at the start. With the passage of time, they give ordinary performance in their work. This being the case, it is necessary to always try to keep their momentum steady as it has been at the start.

As regards the State service personnel, there are two parts: the State part and the service personnel part. The State is responsible to assist the service personnel with everything they deserve. And the service personnel, on their part, must be loyal to the State and the citizens, and carry out their responsibilities with full qualification. In carrying out their responsibilities, the service personnel should be honest and should uphold their moral.

It is therefore assumed that the Constitution should prescribe qualification and dutifulness, honesty, emergence of law-abiding employees capable of implementing the tasks, and occupational guarantees.

As regards the occupational security for service personnel, the matters such as appointment, promotion, retirement, enforcement of rules, and the taking of action against them should be carried out in accordance with law. In case the need arises to take action against any of the State service personnel for a certain cause, the right of appeal should be granted to that person, when the laws are thus promulgated.

It is also found that the Legislative Hluttaws should promulgate necessary laws for the food, clothing and shelter needs of employees; maternal rights for married women employees; and the welfare of retired employees.

State service personnel should not be dogmatic about sectarianism. They should be honest and well-rounded individuals.

Under any government of any party in democratic system, they are also responsible to keep the State machinery running without interruption. If service personnel are sectarians, it can be detrimental to unity among themselves as well as to the smooth running of the State machinery.

Also the members of the Tatmadaw (armed forces) are the State service personnel discharging the duty of State at risk to their lives.

It is found that the nature of their responsibilities differs from that of civilian service personnel. It is therefore necessary to enact laws relevant to the nature of the responsibilities of the Tatmadaw members.

The members of Myanmar Police Force are civilian service personnel. However, MPF is an armed institution. Therefore, ‘Rule Enforcement Law of Myanmar Police Force’ has been promulgated to ensure the enforcement of law, given the type of its functions. It is therefore necessary to enact separate laws, given the responsibilities and the type of functions of MPF members.

The post-independence Constitutions do not mention precisely the matters related to the occupational security for State service personnel. Therefore, the delegates to the National Convention should lay down appropriate detailed basic principles concerning the occupational security and welfare.

In connection with the State service personnel, it is therefore necessary to discuss and suggest as to whether or not detailed basic principles should be adopted as follows:

1. State service personnel shall be free from party politics.

2. Matters as to the appointment of employees, promotion, retirement, the enforcement of rules, the designation of service rules, and taking of action against service personnel in accordance with law.

3. As to occupational security for State service personnel; the sufficiency of food, clothing and shelter needs; maternal rights for married women service personnel; and the provision of food, clothing and shelter assistance to the retired, necessary laws shall be enacted.

4. Given the unusual nature of the responsibility of the Tatmadaw members, who are State service personnel, they shall be dealt with according to military laws.

5. Given the unusual nature of the responsibility of Myanmar Police Force members, who are State service personnel, separate laws shall be promulgated for them.

Clarification on judicial sector presented, on behalf of the chairman of National Convention Convening Work Committee, by National Convention Convening Work Committee Secretary U Thaung Nyunt and Work Committee member Deputy Minister for Information U Thein Sein will be published in the newspapers to be issued on 13 March.