Regarding the sharing of legislative power, the National Convention has already laid down a fundamental principle Legislative power is shared among Union Hluttaw, Region Hluttaws & State Hluttaws Legislative power shall be distributed to self-administered areas

YANGON, 3 March— The following is the Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe’s full clarification concerning the laying down of detailed basic principles for sharing of legislative power to be included in the framing of the State Constitution at the plenary session of the National Convention at Nyaunghnapin Camp in Hmawby Township today.

First, I wish health and happiness for all the delegates to the National Convention.

All the delegates have already known the clarifications made by the National Convention Convening Work Committee Chairman at the plenary meeting of the National Convention held from 17 May to 9 July 2004 and the suggestions presented by delegate groups and some of the delegates concerning the sharing of the legislative power. Of the suggestions, the ones that are suitable for the basic principles already laid down by the National Convention and the detailed basic principles have already been submitted. Some of the presentations of the certain delegate groups are found to be beneficial to both the nation and the people. Thus, the Work Committee has sought the opinion of the delegate groups regarding the suggestions through the panel of chairmen.

The Work Committee thoroughly studied suggestions of the delegates concerning the sharing of the legislative power. And it presented a comprehensive and complete compilation of facts that should be formulated as detailed basic principles to the National Convention Convening Commission. After studying the compilation in detail, the Commission approved them. Now, I will explain the detailed basic principles for the sharing of the legislative power approved by the Commission.

In connection with the sharing of legislative power of the State, the National Convention has already laid down a fundamental principle, — the legislative power of the State is shared among Union Hluttaw, Region Hluttaws and State Hluttaws; legislative power stipulated by the State Constitution shall be distributed to self-administered areas.

First, the Work Committee will clarify the proposed legislative list to be entrusted to the Pyithu Hluttaw, Amyotha Hluttaw, Pyidaungsu Hluttaw comprising Pyithu Hluttaw and Amyotha Hluttaw and Region or State Hluttaw in 11 sectors as follows:

(1) Defence and security sector

(2) Foreign Affairs sector

(3) Finance and planning sector

(4) Economic sector

(5) Agricultural and livestock breeding sector

(6) Energy, electric power, mining and forestry sector

(7) Industrial sector

(8) Transport and communication sector

(9) Social sector

(10) Management sector

(11) Judicial sector.

Concerning the defence and security sector, the delegates will have to discuss and give suggestions on whether or not the following basic principles should be laid down to be included in the Union Legislative list concerning defence and security of the State:

1. The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof.

2. Defence and security industries.

3. Arms and ammunition and explosives including biological and chemical weapons.

4. Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them.

5. Declaration of war and declaration of peace.

6. Peace and stability of State and the rule of law.

7. Police Force.

Above are the obvious explanation of the points that should be put on the Union legislative list of the defence and security sector.

The delegate groups — the national race delegate group, the peasant delegate group, the worker delegate group, the intellectuals and intelligentsia delegate group, State service personnel delegate group — and the delegate group of the political parties

— The National Unity Party, the Union Pa-O National Organization, the Mro (a) Khami National Solidarity Organization, the Lahu National Development Party, the Union Kayin League, the Kokang Democracy and Unity Party and the Wa National

Development Party — supported the points explained by the Work Committee Chairman to be laid down as detailed basic principles.

I will now present the separate suggestions.

The intellectuals and intelligentsia delegate group presented a suggestion to add “prevention of terrorist acts and pressures” in enacting the law regarding “The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof’; to add “conventional arms, ammunition and explosives and non-conventional sophisticated strategic arms” in enacting the law concerning “Arms and ammunition and explosives including biological and chemical weapons”; and to enact the law concerning nuclear energy, nuclear fuel and radiation, and mineral resources that produce them, highly classified materials, objects, areas, technologies, researches and information and special security issues, accidents concerning the persons whose works involve highly classified materials, objects, areas, technologies, researches and information, and compensation and insurance cover for them in case of accidents. The suggestion will be put on record for future legislative bodies to take it into consideration in enacting laws.

The other invited persons delegate group said that the armed groups that have made peace are taking part together with the Government in ensuring regional stability and development, eliminating narcotic drugs and the national defence. Their contributions are showing signs of progress and serving the interest of the Union. Thus, the groups can be said the positive strength of the Union. They should be kept in the future also as the forces discharging duties for regional peace and stability, border security and safeguarding the lives and property of the people. In accord with the basic principle — the Defence Services Commander-in-Chief is the Supreme Commander of all armed forces — laid down by the National Convention in 1993, suitable arrangements should be made to put the armed groups under the command of the Commander-in-Chief in the future.

Concerning the suggestion, I would like to explain that according to the basic principle, the Defence Services Commander-in-Chief is the Supreme Commander of all armed forces. Since ancient times, the Tatmadaw has been an institution formed with various national races. At present also, the Tatmadaw has been providing all necessary assistance and protection for the national race groups starting from their basic needs. And in the future too, it will continue to look after the welfare of the national races.

The delegate group presented another suggestions on the nuclear energy sector. It said, the global nations at present are against the use of nuclear power for military purpose. If the basic principle — Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them — should be put in the defence and security sector, it would become an issue of international criticism. Thus, the matter should be put in the energy, electricity, mining and forestry sector instead of the defence and security sector.

Regarding the suggestion, I would like to explain that the aim of putting the point — Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them — on the Union legislative list of the defence and security sector is just to enact laws when and as necessary in the future. Inclusion of the point in the defence sector cannot be assumed for military purpose only. The aim is to generate electricity and to use nuclear energy and fuel for human interest as well.

Whatever sector is the point in, the main aim is to put it on the Union legislative list. In the 1947 Constitution, the issue was included in the defence sector, and some nations too put it in the defence sector. Thus, the point should be under the defence and security sector.

Delegates of the representatives-elect delegate group of the political parties presented the same opinion as the respective parties.

Independent representatives-elect of the representatives-elect delegate group, discussed in support of the clarification made by the Work Committee Chairman.

Thus, in accord with the suggestions made by most of the delegates, the following points have been laid down as detailed basic principles to be included in the Union legislative list concerning the defence and security sector:

1. The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof.

2. Defence and security industries.

3. Arms and ammunition and explosives including biological and chemical weapons.

4. Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them.

5. Declaration of war and declaration of peace.

6. Peace and stability of State and the rule of law.

7. Police Force.