The provisions in connection with the education sector are stipulated in the Union legislative list for equal development of the education sector in the whole nation

YANGON, 13 Dec—The following is the presentation on clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles for Executive Power of leading body of self-administered division or zone and State service personnel included in the sharing of executive and judicial powers for formulating State Constitution by National Convention Convening Work Committee Secretary U Thaung Nyunt at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The National Convention Convening Work Committee Chairman explained the detailed basic principles for the executive power of leading body of self-administered regions or zones at the plenary session of the Convention held on 8 March 2005.

Delegates group of nationalities, delegates group of peasants, delegates group of workers, delegates group of intellectuals and intelligentsia, delegates group of State service personnel and delegates group of other invited persons, and delegates group of political parties — National Unity Party, Union Pa-O National Organization. Mro or Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party suggested that the following detailed basic principles should be laid down in the executive power of the self-administered division or self-administered zone.

“1. Subject to provisions of the Constitution, the self-administrative power of the self-administered division and self-administered zone leading bodies extends to the following matters:

(a) with respect to which the self-administered division and self-administered zone leading bodies has power to make laws;

(b) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and

(c) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the respective region or state hluttaws.

2. Self-administered division or self-administered zone leading body has the duty to help the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law.

3. The self-administered division or the self-administered zone leading bodies shall

(a) subject to the policies of the Union Government, draw work programmes for development of their territory and shall coordinate the matter with the respective region government or state government;

(b) draw annual budgets and coordinate with the region or state government concerned in accord with the provisions of the Constitution for approval;

(c) have the right to use the allotted budget funds included in the budget law of the region or state concerned;

(d) use the fund of the current expenditure permitted within the last-enacted budget law of the hluttaw of the region or state concerned if they cannot obtain the budget allotment in time due to region or state hluttaw’s failure to enact the budget law in time.

4. Self-administered division and self-administered zone leading bodies shall, in accord with the law, supervise and coordinate the functions of civil service organizations discharging duties in their territory.

5. The self-administered division and self-administered zone leading bodies shall submit reports stating the general situation of the territory to the Union Government and the region or state government concerned.

6. The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.”

I will now present the separate suggestions of the delegate groups. In its separate suggestion, the Union Pa-O National Organization said that the legislative power is entrusted to self-administered areas in accord with the provision contained in the constitution. Thus, the self-administered divisions and self-administered zones have been given the authority to implement urban projects, to build and maintain roads and bridges, and to implement public health, fire prevention, grazing ground conservation, forest protection and conservation, environmental conservation, urban and rural power and water supply, and urban and rural market projects according to the laws enacted by the Union. As the education sector is not included in the authority, the sector should be included in it.

The suggestion concerns the sector of sharing the legislative power, and the detailed basic principles for the sector have already been laid down. The education sector has already been included in the social sector in the Union legislative list. The provisions in connection with the education sector are stipulated in the Union legislative list for equal development of the education sector in the whole nation.

The representatives-elect of the political parties presented the opinions of their own parties.

The independent representatives, Dr Hmu Htan of Thantlang Township constituency, Chin State, U Aung Thein of Ywangan Township constituency, Shan State, and U Tun Kyaw of Namshan Township constituency, northern Shan State, said that concerning the duties assigned to self-administered zone leading bodies by the Union government, and the respective governments of the regions and states, the Work Committee Chairman at the National Convention plenary meeting on 8-3-2005 said, “The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.”

Concerning the matter, they honestly presented suggestions saying that they suppose that because of the use of the term “region or state government” the self-administered area leading bodies may assume that they concern not only with their region or state, but with all the regions and states of the Union. Thus, the wording “the respective regions or states” should be used instead of the term “region or state government”

The adopted detailed basic principle says, “Concerning interpretation of the terms, provisions are to be written clearly so that all will understand and no dispute may arise in the future. Thus, the suggestion will be put into record to add the said word to the term as necessary in drafting the constitution.

Thus, in accord with the suggestions of the most of the delegates, the following detailed basic principles in connection with executive power of the self-administered divisions and self-administered zones included in the sector of the sharing of the executive power are adopted:

“1. Subject to provisions of the Constitution, the self-administrative power of the self-administered division and self-administered zone leading bodies extends to the following matters:

(a) with respect to which the self-administered division and self-administered zone leading bodies has power to make laws;

(b) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and

(c) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the respective Region or State Hluttaws.

2. Self-administered division or self-administered zone leading body has the duty to help the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law.

3. The self-administered division or the self-administered zone leading bodies shall

(a) subject to the policies of the Union Government, draw work programmes for development of their territory and shall coordinate the matter with the respective region government or state government;

(b) draw annual budgets and coordinate with the region or state government concerned in accord with the provisions of the Constitution for approval;

(c) have the right to use the allotted budget funds included in the budget law of the region or state concerned;

(d) use the fund of the current expenditure permitted within the last-enacted budget law of the hluttaw of the region or state concerned if they cannot obtain the budget allotment in time due to Region or State Hluttaw’s failure to enact the budget law in time.

4. Self-administered division and self-administered zone leading bodies shall, in accord with the law, supervise and coordinate the functions of civil service organizations discharging duties in their territory.

5. The self-administered division and self-administered zone leading bodies shall submit reports stating the general situation of the territory to the Union Government and the region or state government concerned.

6. The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.”

The Work Committee Chairman explained the detailed basic principles on State service personnel included in the sector of sharing executive power at the plenary session of the Convention held on 8 March 2005.

Delegate group of nationalities, delegate group of peasants, delegates group of workers, delegates 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 Organization. Mro or Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party suggested that the following detailed basic principles should be laid down on the State service personnel included in the executive power sharing sector.

“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 enacted for them.”

In its separate suggestion, the National Unity Party said that the detailed basic principles on the State service personnel are stated under a separate heading in the adopted 104 basic principles. The detailed basic principles concerning the State service personnel should be under the related heading instead of the heading “executive.”

As for the adopted detailed basic principles in connection with State service personnel, the preamble, regional administration, State service personnel, definition, and index are not featured chapter-wise. They are fixed to mention the preamble as the preamble, and the two headings — regional administration and State service personnel — under the executive. Thus, the detailed basic principles on State service personnel are inclusive in the chapter “the executive”.

The party also gave suggestion on the basic principle which says that State service personnel should be clear of party politics. Of the six objectives of the National Convention, the fourth object states the flourishing of the multi-party democracy. There will certainly be political parties in the nation as efforts are being made to build a modern developed state in accord with the multi-party democracy system. The political parties will have to take part in the elections at different levels. The entire people including the State service personnel are required to elected a person who will actually serve the interest of the State and the people. Thus, voters need to clearly understand the policies, views and work programmes of the political parties.

But it is found that some service personnel do not understand well the meaning of the detailed basic principle which says, “State service personnel shall be free from party politics.”

Actually it has been laid down to prevent service personnel from misusing the authority and rights for the political party in their favour. Thus the principle should be defined broader to correctly understand its objectives and aims.

Concerning the matter I would like to say that when the new constitution comes into force, the nation will be already practising the multi-party democracy system. The aim of the principle is to enable the service personnel to serve only the interest of the State and the people without getting involved in the party politics. As the service personnel are citizens too, they can freely enjoy their rights guaranteed by the constitution. Thus, they will have the right to freely vote. The aim of the principle, saying, “State service personnel shall be free from party politics” is for the service personnel to stay away from getting involved in the party politics in person.

The intellectuals and intelligentsia group said that the Work Committee Chairman explained the 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. Thus matters concerning the appointment of employees, promotion, transfer, retirement, the enforcement of rules, the designation of service rules, and taking of action against service personnel are stated in the existing law, rules, regulation and directives should be taken into account in enacting laws in the future also.

As clarified by the Work Committee Chairman, the existing law, bylaws, rules and regulations stipulates the right to present an explanation and rebut for service personnel if action is taken against him. The matter should be taken into account in enacting laws in the future.

The government departments and enterprises are facing difficulties in appointing new employees to far away areas where transport is poor and transferring them to such areas. The respective government departments and enterprises should be provided with encouragement and incentives. An appropriate time should be fixed for the government employees to serve at the remote areas, without assigning them to such areas too long. The existing law, bylaws, rules, regulations and directives state the provision of assistance and privileges to service personnel discharging duties in regions and states depending on the situation of the place they are assigned or appointed or transferred to. Such assistance and encouragement should be taken into account in enacting law in the future.

The existing law, bylaws, rules, regulations and directives contain the stipulation for the provision of medical care, social needs, welfare to service personnel when they retired or become disabled, or when they are injured due to occupational hazards, or sick. Provisions for such matters should be considered in enacting laws in the future.
The matter of ensuring adequate protection and assistance for service personnel working in areas hazardous to the health and in dangerous conditions is stipulated in the existing law, bylaws, rules, regulations and directives. The matter should be considered in enacting laws in the future.

Maternity leave is important for the child’s mental and physical development. In some countries the law ensures women to enjoy maternity leave for up to one year to produce a mentally and physically developed new generation and for the mother’s health. As Myanmar is a nation that wishes to increase her population, the growing population of new generation needs to have a high intellectual level. The existing law permits 42-day maternity leave for every employee woman before giving birth to her child and another 42-day maternity leave beginning from the date she gives birth to her child. The law should be amended for extending the period of maternity leave to 42 days before the birth of the child and 120 days after giving birth to the child.

The nation needs centres where women staff can cater their babies to increase the number of qualified new generation youths. Birth rates of educated families fall because of the difficulties in raising the infant babies. Some countries even honour women staff when they give birth to a baby. The nation should take into account to enact laws that stipulate the opening of day care nurseries and pre-primary schools at departments and enterprises where a large number of woman work.

As the suggestions themselves state the need to consider them in enacting laws in the future, they will be put on record for enacting laws according to the new constitution.

The representatives-elect of the political parties presented the opinions of their own parties.

The independent representatives also present suggestions separately in favour of the clarifications of the Work Committee Chairman.

In accord with the suggestions of a large number delegates, the following detailed basic principles on State service personnel of the sector of the sharing of the executive power are adopted:

“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 enacted for them.”