Myanmar in her exercise of foreign policies plays
active part in such campaigns as world peace & security, anti-colonialism,
anti-neocolonialists, anti-apartheid and non-interference in one another’s
internal affairs and non-aggression

YANGON, 18 Feb — On behalf of the Panel of Chairmen, Alternate Chairmen U Tun Yin Law of Delegates of Political Parties and U Yaw Aye Hla of the Delegates of Representatives-elect presented notes from the reports of the National Convention delegates on laying down basic detailed principles concerning the sharing of the legislative power to be included in the State Constitution at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township yesterday.

The following is a translation of U Tun Yin Law and U Yaw Aye Hla.

In connection with the basic principles to be laid down for the foreign affairs sector on grounds of 11 legislative matters relevant to power-sharing in the legislative sector that shall be included in writing the State constitution, I will continue to present the panel of chairmen’s collection of excerpts from the suggested proposals submitted by some delegate groups to the National Convention and from those by certain delegates to the National Convention.

At the National Convention Plenary Meeting held on 18 May 2004, the Chairman of the National Convention Convening Work Committee clarified that “With a view to further strengthening the independent and active foreign policy, the State has been practising continuously and maintaining existing relations with international community, the fundamental principles set by the National Convention in respect of the foreign policy are as follows:

— the State practises the independent, active and non-aligned foreign policy, aims at world peace and friendly relations with nations, and upholds the principles of peaceful coexistence among nations;

— the State never starts aggression against any nation; and

— no foreign troops are permitted to be deployed within the territories of the Union.

In line with the fundamental principles laid down by the National Convention, discussions are to be made with respect to detailed basic principles for legislative power of the foreign affairs sector.

“A study of the constitutions of a large number of world nations indicates that in almost every country legislative powers are vested only in their highest legislatures when it comes to making legislation relevant to the matters put under the foreign affairs sector which I have so far explained. It being the case, the esteemed delegates are to discuss as to whether or not detailed basic principles should be set in order to include in the Union Legislative list to enact laws concerning the following matters appropriate for the foreign affairs sector of our country. They are as follows:

1. diplomats, consular officials and trade representatives;

2. the United Nations;

3. participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and the implementation of their resolutions;

4. the realization and materialization of international and regional treaties, agreements, conventions, bilateral agreements and other contracts;

5. passports, entry visas and certificates of identity;

6. the entry into the Union of Myanmar, the departure from the country, immigration control and deportation order; and

7. the extradition of criminals to the home country and request made therefrom.”

As regards the NCCWC Chairman’s clarification, the National Unity Party, which is one of seven political parties and one of delegate groups to the National Convention, discussed that the practice to embody the foreign affairs sector in the Union Legislative List was proper as it was the practice a majority of nations adopted.

Union PaO National Organization, which is a member of the delegate group of political parties, said that the Union of Myanmar, in her exercise of foreign policy, played an active part in such campaigns as world peace and security, anti-colonialism, anti-neocolonialists, anti-apartheid, and non-interference in one another’s international affairs and non-aggression. The country also respects and maintains the international relations, the relations with regional as well as neighbouring countries, and exercises the five principles for peaceful co-existence.

They also said as a member nation of the United Nations, the Union of Myanmar allows the presence of ambassadors, consuls, and commercial attachés from numerous countries on its soil. Myanmar attended international meetings, seminars and conferences, and took the initiatives in the country. It helped promulgate and participate in the promulgation of necessary laws for the conventions through the contacts with regional organizations of various countries. According to the Immigration Laws, passports and visas will be issued to travelers who want to go abroad and who want to come in. When it comes to the extradition of criminals to the country concerned or from the country concerned, the countries involved have the right to ask for the extradition of the culprit of their country. However, they can do so only when they are signatory countries of the Extradition Treaty. The seven points NCCWC Chairman clarified should be embodied as detailed basic principles in the Union Legislative List so that law can be enacted in connection with the foreign policy.

Mro (a) Khami National Solidarity Organization discussed that they found the clarification made by the Chairman of the Work Committee as regards the foreign policy realistic and proper. They also agreed that all the points should be included as detailed basic principles in the Union Legislative List when the State constitution is to be drawn.

Lahu National Development Party discussed that (1) the defence and security, (2) foreign policy, and (3) judicial sector are what matters most for the whole country and that the seven-point defence and security sector, the seven-point foreign policy sector, and the 11-point judicial sector are proper to be included in the Union Legislative List so as to enact laws when necessary.

The Union Kayin League agreed that the seven points of the clarification made by the Chairman of the Work Committee are worth including as detailed basic principles in the Union Legislative List.

The Kokang Democracy and Unity Party agreed the seven-point foreign policy clarified by the Chairman of the Work Committee to be included as detailed basic principle in the Union Legislative List.

The Wa National Development Party showed their approval for the seven-point foreign policy clarified by the Chairman of the Work Committee, saying that the Union of Myanmar’s foreign policy is aimed at world peace and security, opposed to colonialism, neo-colonialists, racial discrimination, and apartheid, but in support of non-interference in the affairs of one country by the other, and non-aggression. They also continued that the country holds fast to equal footing as well as to the five principles of peaceful co-existence; that the country is now exercising the active and independent foreign policy and maintaining the world peace and good-neighbourly relations among nations in the region.

The delegate group of the representatives-elect submitted five proposed papers.

Of them, the National Unity Party and the Mro (a) Khami National Solidarity Organization have submitted the suggestions of their respective parties.

Likewise, a member of the delegate group of political parties, Dr Hmu Htan, who is the independent representative-elect from the constituency of Thantlan township in Chin State, and U Aung Thein, the independent representative-elect from the constituency of Ywangan township in Shan State gave their consent that the Work Committee Chairman’s clarifications concerning the foreign policy are proper and they should be embedded as detailed basic principles in the Union Legislative List when the State constitution is drawn.

In like manner, representatives-elect U Tin Win from the constituency-2 of Kyaiklat township, U Thein Kyi from the constituency-1 of Taung-dwingyi township, U Hla Soe from the constituency-2 of Minbu township, U Mya Hlaing from the constituency-2 of Twantay township, U Kyi Win from the constituency-1 of Mingala-don township, and U Tin Tun Maung from the constituency-2 of Mingala-don township agreed to the Work Committee Chairman’s clarifications concerning the foreign policy.

U Tun Kyaw, independent representative-elect from the constituency of Namhsan township in Shan State (North), supported that the seven-point foreign policy as clarified by the Chairman of the Work Committee is so complete that they should be included in the Union Legislative List as detailed basic principles relevant to the legislative, executive and judicial powers when the State constitution is drawn.

The delegate group of national races discussed that a study of the constitutions of world nations showed that in almost every country, legislative power is invested only in the highest legislative bodies, when it comes to promulgation in connection with the matters pertaining to the foreign policy. They also approved that detailed basic principles that allow to enact laws when necessary should be included in the Union Legislative List.

The delegate group of peasants, in their proposal, said that the foreign policies prescribed in the Sections 211 and 212 under the title of International Relations of Chapter XII of the 1947 Constitution of the Union of Myanmar, the proclamations relevant to the foreign policies issued by the Revolutionary Council in 1962, and the foreign policies prescribed in Chapter II of the 1974 Constitution of the Socialist Republic of the Union of Myanmar were practised. They continued that the country is still practising the independent and active foreign policy, adding that the seven-point foreign policy clarified by Work Committee Chairman U Aung Toe are worth including as detailed basic principles in the Union Legislative List.

The delegate group of workers expressed their finding that in almost all countries legislative power is vested in the top legislatures to enact laws when necessary. They continued that detailed basic principles should be laid down also in the country so as to include them in the Union Legislative List to enact laws concerning what should be added to the foreign policy. The delegate group of intellectuals and intelligentsia discussed that they found the Work Committee Chairman’s clarification made on the foreign policy drew approval from the delegate groups.

The delegate group of State service personnel suggested that following points be included in the foreign policy:

1. diplomats, consular affairs, and representatives of other affairs;

2. the United Nations;

3. participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and the implementation of their resolutions;

4. the conclusion and materialization of international and regional treaties, agreements, conventions, bilateral agreements and other contracts;

5. passports, entry visas and certificates of identity;

6. the entry into the Union of Myanmar, the departure from the country, immigration control and deportation order; and

7. the extradition of criminals to the home country and request made therefrom.”

In their suggestion, they replaced the Work Committee’s words “diplomats, consular officials, and trade representatives” with the words “diplomats, consular officials, and representatives of other affairs”. Their explanation is that in the world it is the central government that is responsible to handle the matters related to foreign relations.

In every nation, the central government takes charge of the acceptance and appointment of various representatives such as the ambassador, the Minister-Counsellor, the Counsellor, the first secretary, the second secretary, the third secretary, the attaché, the Consul-General, Vice Consul-General, Consul, Vice Counsul, Attache (Consular), the military attaché, the defence attaché, the commercial attache, the cultural attaché and so on. The delegate group of State service personnel suggested that the issue of diplomats, consular officials, and representatives of other affairs be added to the Union Legislative List.

The delegate group of other invited persons discussed that though they agreed to the seven-point foreign policy clarified by the Work Committee Chairman, they would like to add some points to the policy.

Their explanation was in a sovereign state, there are two sectors of foreign policy: one is at central level and the other is at Region or State-level. The former takes charge of the most important issues while the latter takes charge of protocol matters.

The major issues concerning the foreign policy are as follows:

— the formulation and implementation of the foreign policy,

— the recognition of the foreign nation or government and the withdrawal of the recognition,

— the establishment and termination of diplomatic/consular/trade relations (The establishment of relations between two countries is conducted through trade, consular, and diplomatic channels, in which some establish direct diplomatic relations, in other words, the establishment of Embassy).

A sovereign state joins international or regional organizations, attends meetings, signs the resolutions, implement them, and withdraws from such organizations. A sovereign state enters international, regional or bilateral agreements, signs them, approves of them, and carry out them.

The central level issues passports and certificate of identities to a citizen to verify himself to travel abroad who he is and where he is from. The central level also takes charge of foreigners visiting and leaving Myanmar by scrutinizing their entry visas. The responsibility for immigration and deportation falls to the central level. Therefore, ‘the formulation and implementation of the foreign policy’ and ‘the recognition of the foreign nation or government and the withdrawal of the recognition’ should be added to the foreign policy, and detailed basic principles for it should be laid down.

The delegate group of other invited persons also suggested that the term ‘diplomats, consular affairs, and trade representatives’ be replaced with the term ‘the establishment and termination of diplomatic, consular and trade relations’. Furthermore, the term ‘the United Nations’ should be replaced with the term ‘the United Nations and international organizations’; the term ‘participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions’ with the term ‘participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions, and the withdrawal from such organizations’; the term ‘the signing of international, regional and bilateral agreements and conventions and the implementation of them’ with the term ‘the signing of international, regional and bilateral agreements and conventions and the implementation of them and the withdrawal from them’; the term ‘passports, entry visas, and ID cards’ with the term ‘passports and Certificate of Indentities’; and the term ‘permission of entry to and departure from Myanmar and immigration and deportation’ with the term ‘entry visa, stay permit, departure permit, immigration and deportation’. In connection with these changes in terminology, detailed basic principles should be laid down.

The delegate group of other invited persons also discussed that certain regions or states share borders with neighbouring countries. So, there are many forms of social relations in these areas. To ensure close supervision in these areas, the following two points should be taken into consideration when the State constitution is drawn. They are:

1. temporary entry/exit permit at borders,

2. border trade with neighbouring countries bordering with Myanmar.