Legislative
power to enact laws for reclamation of vacant, fallow and virgin lands should be
entrusted to the Union
YANGON, 4 March — The following
is the full clarification of Secretary of the National Convention Convening Work
Committee U Thaung Nyunt, on behalf of the Work Committee Chairman, concerning
the agriculture and livestock breeding sector and the energy, electricity,
mining and forestry 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 held on 19
May 2004, the Work Committee Chairman explained the detailed basic principles
concerning the agricultural and livestock breeding 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 to the National
Convention made suggestions on the matter. The delegate groups — the peasant
delegate group, the worker delegate group and the other invited persons delegate
group — and the delegate groups 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 — held discussion to lay down the following detailed basic principles in
the Union legislative list concerning the agricultural and livestock breeding
sector:
1. land management,
2. reclamation of vacant, fallow
and virgin lands,
3. settlement and land records,
4. survey,
5. dams, embankments and water
supply managed by Pyidaungsu,
6. meteorology, hydrology and
seismic survey,
7. registration,
8. mechanized farming,
9. agricultural research,
10. chemical fertilizer and
insecticide, and
11. marine fisheries.
They also discussed in support of
the laying down of the following detailed basic principles in the region or
state legislative list concerning the agricultural and livestock breeding
sector:
1. agriculture,
2. prevention and control of
pests,
3. proper use of chemical
fertilizer and systematic production of inorganic fertilizer,
4. agricultural loans and
savings,
5. dams, embankments, lakes,
ditches and supply of irrigation water, for which the divisions or states have
the right to manage,
6. fresh water fisheries, and
7. livestock breeding, prevention
and treatment of diseases and the keeping of animals systematically.
I will now present the separate
suggestions and discussions of the delegate groups.
In giving a separate suggestion,
the national race delegate group dealt with the occurrence, control of and
vaccination against animal diseases. The State will have to conduct research to
produce new and potent vaccines and to prevent the spread of animal diseases in
regions or states bordering the countries where the infection starts. A basic
principle concerning the animal disease prevention and treatment should be
included in the Union legislative list.
The group also discussed the term
“livestock breeding, prevention and treatment of diseases and the keeping of
animals systematically” of the matters regarding the agriculture and livestock
sector that should be included in the region or state legislative list should be
substituted with the term “Livestock breeding and keeping of animals
systematically.”
Likewise, intellectuals and
intelligentsia delegate group gave a separate suggestion to add the point
“Animal reproduction, disease control and treatment, and research” as the 12th
in addition to the 11 points to be included in the Union legislative list. It
also gave a suggestion to substitute the term “livestock breeding, diseases
control and treatment and the keeping of animals systematically” of the matters
regarding the agriculture and livestock sector that should be included in the
region or state legislative list to be substituted with the term “Livestock
breeding and keeping of animals systematically in accord with the law enacted by
the Union.”
A separate suggestion presented
by State service personnel delegate group is much similar to the one submitted
by the intellectuals and intelligentsia delegate group.
When the suggestions of the
delegate groups are studied, the proposed terms “Animal reproduction, disease
control and treatment, and research” to be included in the Union legislative
list and “Livestock breeding and keeping of animals systematically in accord
with the law enacted by the Union” are found to be meaningful and clear. As the
terms are found to be appropriate and in conformity with the already-laid-down
basic principles, they are worthy of serious consideration.
Hence, the Work Committee
discussed with the panel of chairmen regarding the matter. After making due
discussions with the delegate groups concerned, the panel of chairmen presented
the paper concerning their opinion to the Work Committee . It is found that most
of the delegate groups have opted to add the point “Animal reproduction, disease
control and treatment, and research” as the 12th in addition to the 11 points to
be included in the Union legislative list and to state the term “Livestock
breeding and keeping of animals systematically in accord with the law enacted by
the Union” as the seventh point to be included in the region or state
legislative list.
Other invited persons delegate
group pointed out that if the regions and states are permitted to manage land,
produce and use chemical fertilizers and pesticides and conduct research work,
the nation’s agricultural sector will achieve rapid development.
It also said, the State should
consider inclusion of the following points:
1. land management,
2. reclamation of vacant, fallow
and virgin lands,
3. settlement and land records,
8. mechanized farming,
9. agricultural research,
10. chemical fertilizer and
insecticide, and
11. marine fisheries” to be
permitted to run by the regions and states.
As the suggestion itself requests
the State to consider the matter, it should be recorded for the legislative
bodies that will emerge in accord with the new Constitution to take into account
the matter in enacting laws.
Delegates of the
representatives-elect delegate group of the political parties presented
suggestions similar to the opinions of the papers presented by the respective
parties.
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 the Union of Myanmar has different types of land for reclamation, and
possibility of the occurrence of natural hazards is also different between one
region and another and they are subject to various climatic conditions.
Authorities of the regions and states and self-administered areas should be
permitted to reclaim land for development of various sectors without going
against the Union laws. The permission concerning the reclamation of vacant,
fallow and virgins lands should be given to regions and states and
self-administered areas without opposing the Union laws.
Concerning the suggestion, I
would like to say that the legislative power to enact laws for reclamation of
vacant, fallow and virgins lands should be entrusted to the Union. Whenever the
Union enacts a law concerning the matter, the permission to do the job should be
stated in the law itself or the bylaws. As the suggestion states to carry out
the task without going against the Union law, the matter is put on record for
consideration in enacting laws by the Union.
Hence, in accord with the
suggestions of a large number of delegates concerning the agricultural and
livestock breeding sector, the following points are laid down as detailed basic
principles to be included in the Union legislative list:
1. land management,
2. reclamation of vacant, fallow
and virgin lands,
3. settlement and land records,
4. survey,
5. dams, embankments and water
supply managed by Pyidaungsu,
6. meteorology, hydrology and
seismic survey,
7. registration,
8. mechanized farming,
9. agricultural research,
10. chemical fertilizer and
insecticide, and
11. marine fisheries.
12. animal reproduction, disease
control and treatment, and research.
Moreover the following points are
laid down as detailed basic principles to be included in the region or state
legislative list:
1. agriculture,
2. prevention and control of
pests,
3. proper use of chemical
fertilizer and systematic production of inorganic fertilizer,
4. agricultural loans and
savings,
5. dams, embankments, lakes,
ditches and supply of irrigation water, for which the divisions or states have
the right to manage,
6. fresh water fisheries, and
7. livestock breeding and keeping
of animals systematically in accord with the law enacted by the Union.
Secretary of the Work Committee U
Thaung Nyunt continued to submit the energy, electricity, mining and forest
sector.
At the plenary meeting held on 19
May 2004, the Work Committee Chairman explained the detailed basic principles
concerning the energy, electricity, mining and forestry 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 to the National
Convention gave suggestions on the matter. The delegate groups —the national
race delegate group, the peasant delegate group, the worker delegate group, the
intellectuals and intelligentsia delegate group, and 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 — made discussions and suggestions to lay down the following detailed
basic principles in the Union legislative list concerning the agricultural and
livestock breeding sector:
1. oil, gas and other liquid and
solid products considered dangerously inflammable according to Pyidaungsu Law;
2. Union electricity production
and distribution;
3. minerals, mines, safety of
mines workers, and environmental conservation and reconstruction;
4. gems;
5. pearl;
6. forest; and
7. conservation and protection of
wildlife, natural trees and natural areas including the enviromnent.
They also discussed in support of
the laying down of the following detailed basic principles in the region or
state legislative list concerning the sector:
1. small electricity production
and distribution industry under the supervision of the region or the state,
except big and medium electricity production and distribution under the
supervision of the Union;
2. salt and salt products;
3. the cutting and polishing of
gem stones in the region or state;
4. village-owned fuel wood
plantations; and
5. recreation centres, zoological
gardens and botanical gardens.
I will now present the separate
suggestions and discussions of the delegate groups. The national race delegate
group said the nation has a 1,375-mile long coastline, and the continental shelf
is rich in valuable natural resources. Arrangements should be made to extract
the riches with the use of advanced technology and equipment.
It added that increase in the
number of industries, vehicles, buildings and people may cause air pollution.
Thus in extending towns, wards and villages, 25 per cent of their territory
should be left vacant for forest plantations parks and recreation centres to
prevent air pollution. Hence it said, urban forestation should be included in
enacting the forestry law.
In my view, it is an appropriate
suggestion. So, it will be put on record for consideration in enacting laws in
the future.
In giving a separate suggestion,
the other invited persons delegate group said that it has already presented a
proposal to put nuclear energy, nuclear fuel and radiation and mineral resources
that produce them in energy, electricity and forestry sector. It also gave a
suggestion to add the word “technology” in the phrase “nuclear energy, nuclear
fuel and radiation and mineral resources that produce them” and a term
“conservation and protection of herbal plants, rare plant species and animals
facing near extinction” in the energy, electricity and forestry sector.
It continued to say, the State
should consider enacting a law to permit regions and states to run small-scale
oil and gas industries in the areas where foreign jointventure commercial-scale
production is not possible yet.
The group presented a proposal to
substitute the term “except big and medium electricity production and
distribution under the supervision of the Union” with the term “except big
electricity production and distribution under the supervision of the Union”; the
term “the cutting and polishing of gem stones in the region or state” with the
term “exploration, mining, trading, cutting and polishing of gems and holding of
gems emporiums in regions and states”; the term “village-owned fuel wood
plantations” with the term “village-owned fuel wood plantations, community-owned
forest plantations and private forest plantations”; and the term “recreation
centres, zoological gardens and botanical gardens” with the term “recreation
centres, zoological gardens, botanical gardens, herbal plantations and private
forest plantations including teak.” In enacting laws, the State should consider
the points to permit regions and states the right to run businesses mentioned in
the proposed amended terms.
Regarding the suggestion — to put
nuclear energy, nuclear fuel and radiation and mineral resources that produce
them in energy, electricity and forestry sector — I have already explained that
the matter should be included in the defence and security sector.
Concerning the suggestion — The
State should consider permitting regions and states to run small-scale oil and
gas industries in the areas where foreign joint-venture commercial-scale
production is not possible yet — I would like to say that the matter should be
put on record for the Union to take it into account in enacting laws in the
future.
In connection with the suggestion
to add a term “conservation and protection of herbal plants, rare plant species
and animals facing near extinction” in the energy, electricity and forestry
sector, I would like to explain that the clarification made by the Work
Committee chairman includes the term — conservation and protection of wildlife,
natural trees and natural areas including the environment — as the seventh item.
It is found that the wording of the suggestion is inclusive in the term. The
regions and states have been permitted to run the business of cutting and
polishing gems. Laws regarding other businesses covering exploration, mining,
trading, cutting and polishing of gems and holding of gems emporiums will be
enacted by the Pyidaungsu for ensuring uniformity in the entire nation.
Regarding the suggestion to
substitute the term “village-owned fuel wood plantations” with the term
“village-owned fuel wood plantations, community-owned forest plantations and
private forest plantations”, I would like to explain that the meaning of the
term “village-owned fuel wood plantations” is assumed limited because of the
word “village-owned”. If it is stated “village fuel-wood plantations” its
meaning will become wider and more comprehensive, and will cover all private and
community tree plantations including fuel wood plantations of villagers.
The Work Committee made
coordination with the panel of chairmen concerning the matter. After making
coordination with the respective delegate groups, the panel of chairmen
submitted a paper concerning the matter to the Work Committee. Most of the
delegate groups have proposed to substitute the term “village-owned fuel wood
plantations” with the term “village fuel-wood plantations”.
The term botanical gardens is
wide and comprehensive enough to cover the terms — various species of plants
including herbal plants and teak. Thus adding of any new wording or item in the
term various species of plants including herbla plants and teak. Thus adding of
any new warding or item in the term “recreation centres, zoological gardens and
botanical gardens” is deemed unnecessary.
The other invited persons
delegate group also presented a proposal to substitute the term “except big and
medium electricity production and distribution under the supervision of the
Union” with the term “except big electricity production and distribution under
the supervision of the Union”; The proposal amounts to permitting the regions
and states to enact laws concerning the medium electricity production and
distribution business. As it is appropriate, it should be considered all
seriousness.
But the legislative power of the
regions and states concerning the matter should not concern the national grid
under the State control. Thus, it is found that the term “small electricity
production and distribution industry under the supervision of the region or the
state, except big and medium electricity production and distribution under the
supervision of the Union” should be amended and substituted with the term
“medium and small electricity production and distribution industry, provided it
has no link with the national grid, under the supervision of the region or the
state, except big electricity production and distribution under the supervision
of the Union.” The Work Committee coordinated with the panel of chairmen
concerning the matter. After coordinating with the respective delegate groups,
the panel of chairmen submitted a paper concerning the matter. Most of the
delegate groups presented a proposal to substitute the term “small electricity
production and distribution industry under the supervision of the region or the
state, except big and medium electricity production and distribution under the
supervision of the Union” should be amended and substituted with the term
“medium and small electricity production and distribution industry, provided it
has no link with the national grid, under the supervision of the region or the
state, except big electricity production and distribution under the supervision
of the Union.”
Delegates of the
representatives-elect delegate group of the political parties presented the same
opinion of the respective parties.
Independent representatives-elect
Dr Hmu Htan of Thantlan Township constituency in Chin State, and U Aung Thein of
Ywangan Township constituency in Shan State said that development and
environment have interrelations. Close supervision of the regions and states
will ensure long-lasting of forests. Thus, the regions and states should be
permitted to conserve forests, set up commercial forest plantations, and sell
and buy forest products within the framework of the Union law.
Concerning the suggestion, I
would like to explain that the Union will enact laws for all its subordinate
levels to permit rights. The suggestion will be put on record for consideration
in enacting laws in the future.
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-l and U Tin Tun Maung of Mingaladon Township constituency-2 said
that oil industry covering exploration, production, sales ect. needs a large
amount of investment and has trade relations with foreign countries. Moreover,
it is important for the State security and economy. Thus, the inclusion of the
industry in Union legislative list is appropriate. But in the areas whose oil
production volume is less, legislative power for oil production should be
distributed to regions and states without opposing the Union law.
Concerning the proposal, I would
like to explain that the private sector has been permitted to run business as
necessary in accord with the market-oriented economy. The suggestion will be put
on record, so that the legislative bodies of the future can consider the matter
in enacting laws.
Hence, in accord with the
suggestions of most of the delegates concerning the energy, electricity, mining
and forestry sector, the following points are laid down as detailed basic
principles to be included in the Union legislative list:
1. oil, gas and other liquid and
solid products considered dangerously inflammable according to Pyidaungsu Law;
2. Union electricity production
and distribution;
3. minerals, mines, safety of
mine workers, and environmental conservation and reconstruction;
4. gems;
5. pearl;
6. forest; and
7. conservation and protection of
wildlife, natural trees and natural areas including the environment.
Moreover the following points are
laid down as detailed basic principles to be included in the region or state
legislative list:
1. medium and small electricity
production and distribution industry, which has no link with the national grid,
under the supervision of the region or the state, except big electricity
production and distribution under the supervision of the Union
2. salt and salt products;
3. the cutting and polishing of
gem stones in the region or state;
4. village fuel wood plantations;
and
5. recreation centres, zoological
gardens and botanical gardens.
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