Most of the
delegate groups suggested that a detailed basic principle be laid down in the
Union Legislative List as third point ‘standardization and specification of
manufactured commodities’
YANGON, 4 March — The following
is the full clarification of member of the National Convention Convening Work
Committee Deputy Attorney-General Dr Tun Shin, on behalf of the Work Committee
Chairman, regarding the industrial sector and the transport and communication
sector for laying down of detailed basic principles for sharing of legislative
power to be included in the State Constitution, at Pyidaungsu Hall of
Nyaunghnapin Camp in Hmawby Township, yesterday.
At the Plenary Meeting of the
National Convention held on 19 May 2004, the Chairman of the National Convention
Convening Work Committee clarified detailed basic principles of the industrial
sector that should be included in the portion of the sharing of legislative
power in Union Legislative List and the Region or State Legislative List. The
delegate groups made suggestions on the adoption of detailed basic principles in
connection with the industrial sector as follows:
1. Industries to be undertaken by
the Pyidaungsu level;
2. Industrial Zones;
3. Science and technology and
research on science and technology;
4. Standardization of weights and
measures; and
5. Intellectual properties such
as copyrights, patents, trademarks, industrial designs.
And the detailed basic principles
of the industrial sector that the Region or State Legislative List are as
follows:
1. Industries other than those
designated to be undertaken by the Pyidaungsu level; and
2. Cottage industries.
The delegate groups that
presented the suggestions are:
— the delegate group of national
races,
— the delegate group of peasants,
— the delegate group of workers,
— the delegate group of
intellectuals and intelligensia, and
— the delegate group of political
parties, which constututes:
(1) National Unity Party,
(2) Union PaO National
Organization,
(3) Mro (a) Khami National
Solidarity Organization,
(4) Lahu National Development
Party,
(5) Union Kayin League,
(6) Kokang Democracy and Unity
Party, and
(7) Wa National Development Party
I will continue to present
separate proposals submitted by the delegate groups to the National Convention.
The delegate group of State
service personnel, in its separate suggestion, said that the type and quality of
a product is of vital importance in industry. With the competitive market in the
open market-oriented economic system, the quality of products can vary. When it
comes to foodstuff, medicines, construction materials, and auto parts, the
product of substandard can be harmful to the user. It is necessary to introduce
laws for the standardization and specification of products. Therefore, this
matter should be included in the Union Legislative List.
It is found that although the
Chairman of the Work Committee clarified five points of the industrial sector to
be included in the Union Legislative List, the delegate group of State service
personnel added another point — ‘standardization and specification of products’—
as third point, making the points altogether six. So appropriate is this
suggestion, which is also consistent with the basic principle already laid down,
that this matter should be taken into deep consideration.
However, the usage of the term
‘product’ can be misinterpreted with ‘import and export products’. This being
the case, the term should be changed to ‘standardization and specification of
manufactured commodities’. As regards this issue, the National Convention
Convening Work Committee coordinated with the members of the panel of chairmen.
The latter sought the consent from their respective delegate groups through
discussions and gave a written feedback on the issue to the former. It is found
that most of the delegate groups suggested that a detailed basic principle be
laid down in the Union Legislative List as third point ‘standardization and
specification of manufactured commodities’.
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, in their separate suggestion, said that the
permission for the establishment of industrial zones in regions or states will
enrich creative and innovative ideas, thereby benefiting the country. They also
suggested that the matter of the industrial zone be adopted as third-point
detailed basic principle in the Region or State Legislative List. It is found
that the delegate group of other invited persons proposed similar to the two
independent representatives-elect.
To this suggestion, I would like
to reply that the matter of industrial zone is enshrined in the Union
Legislative List to enable the Pyidaungsu to enact law. Only when the Pyidaungsu
enacts law covering the entire country will the industrial zones prosper and
thrive equally. For the regions or states, powers will be vested in them as
regards these industrial zones in the law enacted by the Pyidaungsu.
The delegate group of other
invited persons proposed the inclusion of the point ‘medium and small
industries’ in the Region or State Legislative List.
To this, I would like to reply
that it has been stated in the Region of State Legislative List the point
‘industries other than those designated to be undertaken by the Pyidaungsu
level’. And also the Union Legislative List contains the point ‘industries to be
undertaken by the Pyidaungsu level’. It is therefore found that there is no
categorization in the size of industrial zones as large, medium or small. It is
only the matter that shall be taken into consideration when relevant laws are
enacted.
The group also proposed another
three points to be taken into consideration when the State enact law and to
practise them in the self-administered division or self-administered areas.
These points are:
1. medium and small industries,
2. cottage industries, and
3. industrial zones.
To this, I would like to reply
that the proposal in itself calls for consideration when the State enacts laws
so as to practise them in the self-administered division or self-administered
areas. This being the case, these points will be placed on record so as to take
them into consideration when relevant laws are enacted.
The representatives of political
parties which are members of the delegate group of representatives-elect
submitted the same opinion as their respective parties.
The independent
representatives-elect of the same delegate group proposed separate motions in
connection with the adoption of detailed basic principles on the clarafications
made by the Work Committee Chairman.
By the consent of most of the
delegates to the National Convention, following points are adopted as detailed
basic principles for the industrial sector to be embodied in the Union
Legislative List as regards the sharing of legislative power:
1. Industries to be undertaken by
the Pyidaungsu level;
2. Industrial Zones;
3. Standardization and
specification of manufactured commodities
4. Science and technology and
research on science and technology;
5. Standardization of weights and
measures; and
6. Intellectual properties such
as copyrights, patents, trademarks, industrial designs.
And following points are to be
laid down as detailed basic principles for the industrial sector to be embodied
in the Region or State Legislative List:
1. Industries other than those
designated to be undertaken by the Pyidaungsu level; and
2 Cottage industries.
Member of the Work Committee
Deputy Attorney-General Dr Tun Shin, on behalf of the NCC Work Committee
Chairman, continued to present matters relating to the transport and
communication sector.
At the plenary session of the
National Convention, held on 19 May 2004, the Work Committee Chairman explained
the detailed basic principles concerning the transport and communication sector
that should be included in the Union legislative list and the region or state
legislative list for sharing the legislative power.
The delegate groups presented
discussions and suggestions on the matter. The delegate groups — the national
race delegate group, the peasant delegate group, the worker delegate group, and
the intellectuals and intelligentsia 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 — gave suggestions to put the
following points on the Union legislative list as detailed basic principles for
the transport and communication sector:
1. Inland Water Transport
2. Maintenance of waterways
3. Water resources and river
systems improvement
4. Maritime shipping
5. Port terminals
6. Light house, lightship and
light house facilities
7. Ship building, repair and
maintenance
8. Air transport
9. Aviation, flight control and
building of airfields
10. Road transport
11. Railways
12. Roads and bridges under the
management of Pyidaungsu
13. Posts, telecommunications,
telephones, fax, e-mail, Internet, Intranet and similar communication services.
14. TV, satellite communication,
transmission and reception and similar commumcation services
The delegate groups also gave
suggestions to put the following points on the region or state legislative list:
1. Ports, jetties and pontoons
under the management of the Region or State
2. Roads and bridges under the
management of the Region or State
3. Systematic movement of the
private-owned vehicles within a Region or a State.
Now, I will present the separate
suggestions submitted by the delegates group-wise.
The national race delegate group
said that areas in the far corners of the nation need regional arrangements to
improve their transport sector. Thus, in enacting laws, the Pyidaungsu
Government should consider giving rights to regions and states to supervise
marine transport and road transport.
As the suggestion calls for
giving suitable permissions to the regions and states, it will be put on record
for the Union to make consideration in enacting laws as necessary in the future.
As a separate suggestion, the
intellectuals and intelligentsia delegate group said that ICT has become a
global major industry covering various sectors, and an essential part of man’s
daily life. The government has been striving to develop the ICT till becoming
the nation’s major industry. Thus, ICT laws will have to be enacted as and when
necessary. As the ICT is advancing at an alarming rate in the world, amendments
should be made and endorsement added to the law to make it always in line with
the advancing times. Moreover, the law should be in conformity with those of the
regional and global countries. Thus, enacting of uninformed laws concerning the
ICT in the nation should be taken into account.
The clarifications made by the
Work Committee Chairman include “Posts, telecommunications, telephones, fax,
e-mail, Internet, Intranet and similar communication services” in the item 13
and “TV, satellite communication, transmission and reception and similar
communication services” in the item 14. The term “ICT” is inclusive in the word
“communication”. The suggestion will be included as necessary in enacting laws
concerning the sector. Thus, it will be put on record for consideration in
enacting laws as necessary in the future.
In its separate suggestion, the
State service personnel delegate group said that as the transport and
communication sector plays a vital role in the development of the economy and
the nation, so also the construction sector will develop together with building
of facilities. Thus, the sector should be termed “Transport, communication and
construction sector.”
The group also said, the State
has been developing towns, villages and housing projects for the nation to meet
the social indicators issued by the UN bodies. It is also developing Yangon to
have characteristics of a modern metropolis, setting up industrial zones and
facilities in various sectors and building high-rise apartments and modem
residents. It is selling the residences and apartments at reasonable prices.
Moreover, arrangements are under way to enact the Condominium Law. The sector
concerning the high-rise buildings and advanced residences should be put on the
Union legislative list. The term “high-rise buildings and advanced residences”
should be added as the No 15 point to the 14 points of the transport and
communication sector to be put on the Union legislative list.
In my view, the suggestion
deserves serious consideration as it is appropriate and in conformity with the
already-laid-down basic principles. But if the term “high-rise buildings and
advanced residences” is used, it may lead to excluding the low-cost residences
and ordinary homes. To be more comprehensive, the term should be stated
“residences and buildings”. Only then will the term be able to cover all types
of building. The Work Committee coordinated with the panel of chairmen
concerning the matter. The panel of chairmen after coordinating with the
respective delegate groups presented the paper concerning the groups’ opinions
to the Work Committee. It is found that most of the delegate groups gave a
suggestion to substitute “Transport and communication sector” with Transport,
communication and construction sector” and to add the term “residences and
buildings” as the 15th item to the 14 points to be included in the Union
legislative list.
Other invited persons delegate
group proposed that if appropriate the following points should be added to the
sectors to be included in the region or state legislative list:
1. Inland Water Transport
2. Maintenance of waterways
3. Water resources and river
systems improvement
4. Ship building, repair and
maintenance
5. Systematic running of private
and cooperative inland water transport services
6. Posts, telecommunications,
telephones, fax, e-mail, Internet, Intranet and similar communication services
7. TV, satellite communication,
transmission and reception and similar communication services.
The points stated in the
suggestion are included in the Union legislative list, because laws concerning
them should be enacted by the Union. As the laws enacted by the Union will cover
the whole nation, stipulations will be contained in the laws as necessary to
give rights to the regions and states. In the practical field also, the regions
and states have been given permissions concerning the above-mentioned points.
Thus, the points should be included only in the Union legislative list.
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, presented their opinion, saying,
the clarifications made by the Work Committee Chairman should be laid down as
detailed basic principles.
Hence, in accord with the
suggestions of most of the delegates concerning the transport, communication and
construction sector, the following points are laid down as detailed basic
principles to be included in the Union legislative list:
1. Inland Water Transport
2. Maintenance of waterways
3. Water resources and river
systems improvement
4. Maritime shipping
5. Port terminals
6. Light house, lightship and
light house facilities
7. Ship building, repair and
maintenance
8. Air transport
9. Aviation, flight control and
building of airfields
10. Road transport
11. Railways
12. Roads and bridges under the
management of Pyidaungsu
13. Posts, telecommunications,
telephones, fax, e-mail, Internet, Intranet and similar communication services.
14. TV, satellite communication,
transmission and reception and similar communication services
15, Residences and buildings.
And the following points are laid
down as detailed basic principles to be included in the region or state
legislative list:
1. Ports, jetties and pontoons
under the management of the Region or State
2. Roads and bridges under the
management of the Region or State
3. Systematic movement of the
private-owned vehicles within a Region or a State.
On behalf of the Chairman of the
Work Committee, member of the Work Committee Deputy Minister for Information U
Thein Sein presented matters relating to the social sector and the management
sector and Work Committee member Supreme Court Judge Dr Tin Aung Aye read out
the presentation on the judicial sector, the legislative power for
Self-administered zone leading bodies and distribution of legislative power in
connection with other matters not stated in the legislative lists of the Union,
State and Division and Self-administered division or zone leading bodies.
The full presentations of the two
Work Committee members will be reported in the newspapers to be issued on 6
March.
|