Further burgeoning of the noblest and worthiest of worldly values
namely justice, liberty and equality in the State

YANGON, 22 Feb — On behalf of the Panel of the Alternate Chairmen, U Maung Hla (a) U Hla Myint of the Delegates of National Races presented the panel of chairmen’s collection of excerpts from the suggested proposals submitted by delegates to the National Convention on the management sector at the Pyidaungsu Hall of the Nyaunghnapin Camp in Hmawby Township, Yangon Division yesterday.

The following is a translation of presentation made by U Maung Hla (a) U Hla Myint.

In connection with the basic principles to be laid down for the judicial sector on grounds of 11 legislative matters relevant to the sharing of legislative power 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 Plenary Meeting of the National Convention held on 21 May 2004, the Chairman of the National Convention Convening Work Committee clarified that: “Of the basic principles already laid down by the National Convention, one of the aims and objectives of the State calls for ‘Further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State’. The basic principle is an essential right of all the citizenry residing in the nation. Different levels of court and judges are to take special care to see that our citizens do not lose that right. Moreover, basic principles calling for independent administration of justice in accord with law; administration of justice in public except where restricted by law; and giving of the right of defence and the right of appeal by law in cases are laid down.”

“It is therefore necessary to discuss whether the following matters mentioned in the judicial sector I have just explained should be adopted as detailed basic principles in the Union Legislative List.”

“They are:

1. Administration of justice

2. Lawyers

3. Penal laws and procedures

4. Civil laws, contract, arbitration, civil wrong, insolvency, Trust and people who can administer because of the trust, guardians and wards, transfer of property and inheritance

5. Evidence Act

6. Limitation

7. Valuation of suit

8. Specific relief

9. Foreign jurisdiction

10. Admiralty jurisdiction

11. Robbery at sea, and crimes committed on land or in the international waters or in space in violation of the international laws.”

As regards this clarification, the National Unity Party, which is a member of the delegate group of political parties, which is a delegate group to the National Convention, discussed that in the basic principles concerning the legislation, it is stated that the legislative power is vested in the Union Hluttaw, the Region Hluttaw, and the State Hluttaw, and that the legislative power will be vested in the self-administered areas in accord with the State constitution. The party continued that it found what the Chairman of the Work Committee clarified was complete in connection with the judicial sector and the legislative power to be distributed to the leading committees of the self-administered areas.

The Union PaO National Organization discussed that the court and judges are responsible to make decisions according to law without any forms of corruption and without any discrimination between the rich and the poor, and between the high-ranking and the low-ranking, as the National Convention has laid down a basic principle “further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State”.

It continued that in hearing the civil cases, they are to follow the principles laid down for contract, arbitration, civil wrongs, insolvency, inheritance, family laws and so on. The legislative power is vested in the legislatures at central level to deal with foreign jurisdiction, overseas jurisdiction, robbery at sea, and crimes committed at sea and in space. It agreed to the adoption of the 11 points of the judicial sector to be included as detailed basic principles in the Union Legislative List.

The Mro (a) Khami National Solidarity Organization discussed that cut of the basic principles, the National Convention has laid down, one principle is “further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State”.

It also agreed to the adoption of all the points of the judicial sector to be included as detailed basic principles in the Union Legislative.

The Lahu National Development Party discussed that of the 11 sectors, the defence and security sector, the foreign affairs sector, and the judicial sector are what matters most for the whole affairs of the country. Therefore, the specific points under these three sectors should be adopted as detailed basic principles in the Union Legislative List so that law can be enacted when necessary.

The Union Kayin League discussed that it entirely agreed to the adoption of all the 11 points as detailed basic principles under the judicial sector as clarified by the Work Committee Chairman.

The Kokang Democracy and Unity Party discussed that basic principles have been laid down as regards the “further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State”. The party continued that judicial stipulations have also been laid down for independent administration of justice in accord with law, administration of justice in public except where restricted by law, and giving of right of defence and right of appeal by law in cases.

It then agreed to what the Work Committee Chairman clarified in connection with the matters related to the smooth running of judicial machinery, the judges, and jurisdiction.

The Wa National Development Party discussed that in connection with the aims of objectives of the State, the National Convention has laid down basic principles such as the “further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State”; and “independent administration of justice in accord with law, administration of justice in public except where restricted by law, and giving of right of defence and right of appeal by law in cases”. These principles are absolutely suited to the entire national people of the country.

The party continued that the practice of jurisdiction should be uniform across the country, and that the top legislature of the State is responsible to stipulate necessary law. It then agreed that all the points mentioned under the judicial sector are appropriate to be adopted as detailed basic principles in the Union Legislative.

Of the five proposed papers submitted by the delegate group of representatives-elect, which is one of the eight delegate groups to the National Convention, the proposed papers of the National Unity Party and the Mro (a) Khami National Solidarity Organization have been presented by the parties concerned, which are members of the delegate group of political parties. In like manner, it is found that other delegates concerned submitted their proposals.

Dr Hmu Htan, 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 discussed that they agreed that all the points mentioned under the judicial sector are appropriate to be adopted as detailed basic principles in the Union Legislative.

They also discussed the matters related to the practice of jurisdiction that should be included in the Region or State Legislative List, giving suggestion on allowing the people living in regions or states to continue the amicable settlement through customary practices which are not contrary to Union Law.

U Tin Win, the independent representative-elect from the constituency-2 of Kyaiklat township, U Thein Kyi, the independent representative-elect from the constituency-1 of Taungdwingyi township, U Hla Soe, the independent representative-elect from the constituency-2 of Minbu township, U Mya Hlaing, the independent representative-elect from the constituency-2 of Twantay township, U Kyi Win, the independent representative-elect from the constituency-1 of Mingaladon township, and U Tin Tun Maung, the independent representative-elect from the constituency-2 of Mingaladon township discussed that they agreed with the Work Committee Chairman on his clarifications on the judicial sector.

U Tun Kyaw, the independent representative-elect from Namhsan township in Shan State (North) discussed that the matters related to the judicial sector clarified by the Work Committee Chairman should be adopted as detailed basic principles in the Union Legislative List.

In his separate suggestion, he said the Union of Myanmar is a country where a diversity of national races have been living through thick and thin since yore. He continued that every national race has their own cultures and traditions. There are customary practices in amicable settlement of cases, he added, that have been in practice in the regions, or the states, or the self-administered division or the self-administered zone. He suggested that consideration be taken into the continued allowance of this practice there which is not contrary to Union Law. He added in doing so, the friendly relations among national races will thrive and flourish all the more and this will amount to preservation of traditions.

The delegate group of national races discussed that in accordance with the basic principles laid down by the National Convention, judges at different levels of court are to practise the uniform laws for the people residing in the nation regardless of the rich or poor, position or class in passing judgments. They have no right to administer justice as they please. To be able to keep the machinery of administration of justice in operation, the judges need to be well-versed in judicial affairs and efficient. At the same time, they need to be morally upright, free from bias and bribery.

They must be bold enough to pass judgments correctly. If such efficient and qualified judges administer justice they will win the trust and reliance of the public all the more.

The group also agreed that all the matters mentioned in the judicial sector should be included in the Union Legislative List so that law can be enacted when necessary.

The delegate group of peasants discussed that it agreed to the adoption of the 11 points mentioned inthe judicial sector as detailed basic principles in the Union Legislative List.

The group also gave a separate suggestion on strict supervision for bringing corrupt judges to justice.

The delegate group of workers discussed that it agreed to the adoption of the 11 points mentioned in the judicial sector as detailed basic principles in the Union Legislative List.

The delegate group of intellectuals and intelligentsia discussed that in connection with the aims of objectives of the State, the National Convention has laid down six basic principles. Of them, one principle goes “further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State”. This principle is absolutely essential for the entire national people. The respective courts and judges bear the responsibility to administer justice in accord with the basic principles the National Convention has already laid down. They are: “independent administration of justice in accord with law, administration of justice in public except where restricted by law, and giving of right of defence and right of appeal by law in cases”.

The group continued that the judges at different levels of courts are to practise the uniform laws for the people residing in the nation regardless of the rich or poor, position or class in passing judgments. To be able to keep the machinery of administration of justice in operation, the judges need to be well-versed in judicial affairs and efficient, morally upright, and free from bias and bribery. Only then will they win the trust and reliance of the public all the more.

The group then agreed to the adoption of the matters mentioned in the judicial sector as detailed basic principles in the Union Legislative List so that law can be enacted when necessary.

The delegate group of State service personnel discussed that in connection with the 11 points mentioned in the judicial sector, they should be included in the Union Legislative List to enact law when necessary.

The delegate group of other invited persons discussed that the judges at different levels of court are to practise the uniform laws for the people residing in the nation regardless of the rich or poor, position or class in passing judgments. Other matters covered by the administration of justice are those concerning lawyers, penal laws and procedures to be followed in hearing the cases, civil laws and procedures to be followed in hearing civil cases and the Evidence Act which is to be followed in hearing criminal and civil cases. They are to be practised uniformly throughout the country.

The matters covered by the administration of justice include foreign jurisdiction, maritime jurisdiction, robbery at sea, and crimes committed on land or in the international waters or in space in violation of the international laws.

The group then agreed to the adoption of the 11 points mentioned in the judicial sector as detailed basic principles in the Union Legislative List so that law can be enacted when necessary.

In a separate suggestion, the group said the term “robbery at sea, and crimes committed on land or in the international waters or in air space in violation of the international laws” should be changed to the term “crimes committed in international waters and in the water, land, and space of Myanmar”.

They also gave a suggestion on allowing the national races to continue the practice of their traditional arbitration methods in their respective areas as long as they are not contrary to the laws the State enacted.

Now, I will present a collection of excerpts from the suggestions compiled by the panel of meeting chairmen concerning the 11 points of the legislative power of self-administered areas scheduled to be included in laying down detailed basic principles.

At the plenary meeting held on 21 May 2004, the Work Committee Chairman said, “The National Convention, in accordance with the basic principles laid down, has designated one self-administered division and five self-administered zones.

“In connection with the enactment of law for the self-administered areas, a basic principle has been laid down — the legislative powers of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by the State Constitution shall be distributed to self-administered areas. In connection with the bodies which will exercise the legislative power delegated to the self-administered areas, it is stated — the self-administered division leading body and the self-administered zone leading body of the respective self-administered division and zones will be constituted and these leading bodies exercise the legislative powers delegated by the Constitution.

“According to the detailed basic principle, it is required to prescribe in the Constitution which type of legislative powers are to be delegated to the self-administered areas. In studying the type of legislative powers to be delegated to the self-administered areas, it is important that such powers should be those the legislative leading bodies can manage.”

He continued to explained, “Hence, in connection with delegation of legislative power to the self-administered areas, a detailed basic principle delegating the legislative powers to the self-administered division or self-administered zone leading bodies should be laid down for the following matters:

(a) Town and village plan

(b) Building, repair and maintenance of roads

(c) Public health

(d) Development affairs

(e) Fire prevention

(f) Pasture

(g) Forest protection and conservation

(h) Environmental conservation

(i) Water and electricity supply in towns and villages

(j) Town and village markets

“National Convention delegates are to discuss and make suggestions on whether to lay down detailed basic principles in the Constitution on delegation of legislative powers to the self-administered division or zone leading bodies in connection with the above matters.”

Concerning the sector, National Unity Party said that in accord with a basic principle — the legislative powers of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by the State Constitution shall be distributed to self-administered areas — concerning legislation, the party has found the matters on judiciary and the legislative power of the self-administered areas explained by the Work Committee Chairman are comprehensive and appropriate.

Union Pa-O National Organization said that the legislative power of the self-administered division and self-administered zones should be in accord with the 10 points explained by the Work Committee Chairman, and the points should be laid down as detailed basic principles.

Mro or Khami National Solidarity Organization said that the clarifications including the legislative power of the self-administered areas are comprehensive. Thus, it said that it has no further discussions concerning the issue.

Lahu National Development Party said that the legislative power of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by the State Constitution shall be distributed to self-administered areas. In connection with the bodies which will exercise the legislative power delegated to the self-administered areas, it is stated — the self-administered division leading body and the self-administered zone leading body of the respective self-administered division and zones will be constituted and these leading bodies exercise the legislative powers delegated by the Constitution. It is important that such powers should be those the legislative leading bodies can manage.

The party said that the ten points explained by the Work Committee Chairman are appropriate to be laid down as detailed basic principles in drafting a constitution.

Union Kayin League said that members of the self-administered division leading body or self-administered zone leading bodies are mainly responsible for the development of the respective division or zones. They are to take care of health, smooth transport, high level of education and better condition of the basic needs of the people depending on the conditions of their areas. Appropriate legislative powers are to be delegated to them to enable them to carry out the duties.

A detailed basic principle — legislative power concerning the ten points is vested in the self-administered division leading body and the self-administered zone leading bodies — should be laid down.

Kokang Democracy and Unity Party said that the party has no further discussion on the legislative power of the leading bodies of self-administered areas and the matters concerning the sharing of the legislative power included on the Union legislative list of the Pyidaungsu, regions and states and leading bodies of self-administered division and zones, legislative power of Union territories, and the effectiveness of the laws enacted by the hluttaws at all levels and self-administered area leading bodies.

Wa National Development Party said that in the self-administered areas, there reside not a single national race, but numerous national races. As appropriate power has been distributed to the self-administered areas, the 10 points explained by the Work Committee Chairman are suitable to be laid down as detailed basic principles for self-administered division or self-administered zones.

Of the five papers presented by representatives-elect group, the papers presented by the delegates of the National Unity Party and the Mro or Khami National Solidarity Organization are the same as the ones presented by the delegates of the respective parties in the political parties delegate group.

Representative-elect Dr Hmu Htan of Thantlan Township constituency in Chin State, and Representative-elect U Aung Thein of Ywangan Township constituency in Shan State said that 10 points explained by the Work Committee Chairman are suitable to be laid down as detailed basic principles for self-administered divisions or self-administered zones for delegating the legislative power to them.

Representatives-elect U 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 said that they have no further suggestions for the sector.

Representative-elect U Tun Kyaw of Namhsan Township constituency in northern Shan State said that according to the already-laid-down basic principles, there will be one self-administered division, and five self-administered zones. The 10 points are suitable to be put on the legislative list of the self-administered area leading bodies.

The national race delegate group said that a detailed basic principle — legislative power concerning the ten points is vested in the self-administered division leading bodies and the self-administered zone leading bodies — should be laid down.

Peasant delegate group said that the National Convention has laid down basic principles to form leading bodies at the self-administered division and self-administered zones. According to the basic principles one self-administered division and five self-administered zones will emerge. The leading bodies will play key role in developing their own division or zones. Thus, the 10 points should be laid down as detailed basic principles in distributing the legislative power to the leading bodies.

Worker delegate group said that a detailed basic principle — legislative power concerning the ten points is vested in the self-administered division leading body or the self-administered zone leading bodies — should be laid down.

Intellectuals and intelligentsia delegate group said that legislative power concerning the ten points should be vested in the self-administered division leading body or the self-administered zone leading bodies.

State service personnel delegate group said that the National Convention has already designated one self-administered division and five self-administered zones. And it is required to prescribe in the Constitution which type of legislative powers are to be delegated to the self-administered areas. In studying the type of legislative powers to be delegated to the self-administered areas, it is important that such powers should be those the legislative leading bodies can manage. The distributing of legislative power concerning the ten points to the self-administered division leading body or the self-administered zone leading bodies should be included in the Constitution.

The group has also suggested to substitute the term in item (h) of the ten points “Environmental conservation” with the term “Environmental conservation in accord with the law enacted by the Union.”

Other invited persons delegate group discussed in support of the ten points concerning the legislative power of the self-administered areas as it sees them as comprehensive and appropriate.

In giving a separate suggestion, the group said that the State should consider adding of the following two more points in the ten points explained by the Work Committee Chairman, in enacting laws for the self-administered division or self-administered zones:

(1) Preservation of literature and culture

(2) Administration and judicial affairs as required by specific nature of areas, border trade and cross border permission

Moreover, it gave a proposal to substitute the term “Building, repair and maintenance of roads” with the term “Road and bridge construction and maintenance of roads and bridges”, and the term “Forest protection and conservation” with the term “Conservation and protection of natural forests and private forest plantations including teak.”

The panel of chairmen’s collection of excerpts from the suggested proposals submitted by delegates to the National Convention on distribution of legislative power in connection with other matters not stated in the legislative lists of the Union, Region or State, and self-administered division or zone leading bodies presented by U Mya Aye of Delegates of Peasants will be published in tomorrow’s issue.