Self-administered area legislative bodies are to enact necessary laws,
with the legislative power delegated to them, in accord
with objectives and essence stipulated in the Constitution

YANGON, 24 Feb — On behalf of the Panel of the Alternate Chairman, member of Panel of Alternate Chairman Dr Myo Thant Tin of the Delegates of Workers presented the panel of chairmen’s collection of excerpts from a compilation of suggestions presented by delegates concerning the laying down of detailed basic principles concerning effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies at the Pyidaungsu Hall of the Nyaunghnapin Camp in Hmawby Township, Yangon Division on 21 February.

The following is a translation of presentation made by Dr Myo Thant Tin.

I will now present a compilation of suggestions presented by delegate groups and some delegates concerning matters in connection with the taking effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies.

At the plenary meeting held on 21 May 2004, the Work Committee Chairman said, “The State machinery will continue to run smoothly only if the existing laws continue to be in force after the adoption of a new constitution, until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are contrary to the new Constitution.”

1. If anyone of the provisions stipulated in a law enacted by the leading body of a self-administered division or a self-administered zone is in contrast with any one of the stipulations contained in a law enacted by the respective region Hluttaw or state Hluttaw, adherence to the law must be in accord with the stipulations contained in the law enacted by the region Hluttaw or state Hluttaw.

2. If anyone of the provisions stipulated in a law enacted by the leading body of a self-administered division or a self-administered zone is in contrast with any one of the stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance of the law must be in accord with the stipulations contained in the law enacted by the Pyidaungsu Hluttaw.

3. If anyone of the provisions stipulated in a law enacted by a region Hluttaw or a state Hluttaw is in contrast with any one of the stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance of the law must be in accord with the stipulations contained in the law enacted by the Pyidaungsu Hluttaw.

4. If anyone of the provisions stipulated in a law enacted by the Pyidaungsu Hluttaw or a region Hluttaw or a state Hluttaw or a self-administered division or a self-administered zone or any one of the existing laws is in contrast with any one of the stipulations contained in the Constitution, observance of the law must be in accord with the stipulations contained in the Constitution.

5. The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are contrary to the Constitution.”

Concerning the clarification, National Unity Party said that it sees matters in connection with effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies comprehensive and adequate.

Union Pa-O National Organization said that the clarifications including the point — The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are contrary to the Constitution — should be laid down as detailed basic principles.

Mro (a) Khami National Solidarity Organization said that as the clarifications including the legislative power of the self-administered areas made by the Work Committee Chairman are comprehensive, the party has no further discussion on the matter.

Lahu National Development Party said that the legislative bodies are to enact necessary laws, with the legislative power delegated to them, in accordance with the objectives and essence stipulated in the Constitution. But the laws should not be different from one another in different regions for the people to enjoy equal rights in the legal affairs and for national unity. Thus, the five points explained by the Work Committee Chairman are suitable to be enacted as a law.

Union Kayin League said that the party has no further discussion and suggestion for the five points explained by the Work Committee Chairman. The five points should be laid down as detailed basic principles.

Kokang Democracy and Unity Party said that it has no further discussion and suggestion for the matters — the legislative power that will be vested in the Pyidaungsu Hluttaw 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, and the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — explained by the Work Committee Chairman.

Wa National Development Party pointed out that the legislative bodies are to enact necessary laws, with the legislative power delegated to them, in accordance with the objectives and essence stipulated in the Constitution. But if the laws are different from one another in different regions, the people will not be able to enjoy equal rights in the legal affairs, and in addition, they will adversely affect the national unity more or less. It is required to observe the laws promulgated by the legislative bodies at higher levels. Only then will functions of all the levels from the central down to the base will be smooth and effective.

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.

Independent representative-elect Dr Hmu Htan of Thantlan Township constituency in Chin State, and Independent Representative-elect U Aung Thein of Ywangan Township constituency in Shan State said that detailed basic principles should be laid down in accord with the Work Committee Chairman’s clarifications on matters in connection with the delegation of legislative power to Union territories and the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies.

Independent 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 as the sector regarding the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies explained by the Work Committee Chairman is comprehensive, they have no further discussion or suggestion.

Independent representative-elect U Tun Kyaw of Namhsan Township constituency in northern Shan State said that as the points regarding the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies explained by the Work Committee Chairman is comprehensive, it should be included in Union legislative list.

The national race delegate group said that the State administrative machinery will continue to run smoothly only if the existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are contrary to the Constitution.

Thus, the five points in connection with the issue — the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — should be laid down as detailed basic principles. Peasant delegate group said that generally, a law promulgated by the Pyidaungsu Hluttaw will be in force in the whole country, while laws enacted by a region or a state will be in force in the respective region or state, and those enacted by a self-administered division or a self-administered zone will be in force in it.

And, if the laws enacted by the legislative bodies are in contrary to the laws promulgated by the Hluttaws at higher levels, only the stipulations contained in the laws of the higher levels must be observed. Thus, the five points in connection with the issue — the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — should be laid down as detailed basic principles.

Worker delegate group said that generally, a law promulgated by the Pyidaungsu Hluttaw will be in force in the whole country, while laws enacted by a region or a state will be in force in the respective region or state, and those enacted by a self-administered division or a self-administered zone will be in force in it. And, if the laws enacted by the legislative bodies are contrary to the laws promulgated by the Hluttaws at higher levels, only the stipulations contained in the laws of the higher levels must be observed.

Thus, the five points in connection with the issue — the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — should be laid down as detailed basic principles.

Intellectuals and intelligentsia delegate group said that the Union is a Union of national races. Designation of the region and State Hluttaws, and self-administered division and self-administered zones and the distribution of the legislative power to them as parts of the Union itself stands witness to the fact.

But exercising of the legislative power in accord with the Constitution should not be different from one another in different regions, and should not harm the equal rights the people are enjoying in the legal affairs. And, if the laws enacted by the legislative bodies, even they are assumed best for the respective regions, are contrary to the laws promulgated by the Hluttaws at higher levels, only the stipulations contained in the laws of the higher levels must be observed.

Thus, the five points in connection with the issue — taking effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — should be laid down as detailed basic principles.

Concerning the sector of taking effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies, State service personnel delegate group said that legislative bodies are to enact necessary laws, with the legislative power delegated to them, in accordance with the objectives and essence stipulated in the Constitution. But if the laws are different from one another in different regions, the people will not be able to enjoy equal rights in the legal affairs, and in addition, they will adversely affect the national unity more or less. And, if the laws enacted by the legislative bodies are contrary to the laws promulgated by the Hluttaws at higher levels, only the stipulations contained in the laws of the higher levels must be observed. Only then, will the people be able to equally enjoy the benefits of the law. Furthermore, the State machinery will continue to run smoothly only if the existing laws continue to be in force after the adoption of a new constitution, until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are contrary to the new Constitution.

Thus, the five points in connection with the issue — taking effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — should be laid down as detailed basic principles.

Other invited persons delegates group said that it supports the issue — the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies — explained by the Work Committee Chairman, and it has no further discussion or suggestion for it.

The panel of chairmen’s collection of excerpts from the suggested proposals submitted by delegates to the National Convention on formation of Financial Commission, and Taxation and funds allotment among the Pyidaungsu and Regions or States presented by U Thein Oo Po Saw of Delegates of Workers will be published in tomorrow’s issue.