The State shall enact necessary laws to protect the rights
of workers Necessary laws will be enacted to create job opportunities

YANGON, 4 MARCH — The following is the full clarification of Member of the National Convention Convening Work Committee Deputy Minister for Information U Thein Sein, on behalf of the Work Committee Chairman, concerning the social sector and the management sector for laying down detailed basic principles for sharing of legislative power to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 3 March.

At the Plenary Meeting of the National Convention on 20 May 2004, the Chairman of the National Convention Convening Work Committee clarified the detailed basic principles relevant to the social sector that should be mentioned in sharing of legislative power in the Union Legislative List and the Region or State Legislative List. As regards this clarification, it is found that following points are proposed to be adopted as detailed basic principles in the social sector that should be included in the Union Legislative List:

1. Curricula, syllabus, teaching methods, research, and projects and programmes;
2. Courses of universities, degree colleges and institutes and other higher learning institutions;
3. Examinations designated by the Union;
4. Private schools and courses;
5. National sports;
6. National health;
7. Development of traditional medical science and medicines;
8. Free hospitals and dispensaries and private hospitals and dispensaries;
9. Maternal and child welfare;
10. Red Cross society;
11. Counterfeiting of food, medicines, medical equipment and cosmetics and mixing them with other ingredients;
12. Caring children, youths, women, the disabled, the aged and homeless;
13. Relief and rehabilitation;
14. Fire Brigade;
15. Working hours, break time and holidays;
16. Labour disputes;
17. Social security;
18. Labour organizations;
19. The matters managed by the Pyidaungsu concerning:

(a) Ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, inanimate objects and archaeological undertakings

(b) Museums and libraries; and

20. Literature, theatrical art, music, traditional arts and crafts, movies and videos.

And following points are proposed to be adopted as detailed basic principles in the social sector that should be included in the Region or State Legislative List:

1. Traditional medicines that are not contrary to traditional medicine policies set by the Union;
2. Birth and death registration;
3. Social welfare tasks in regions or states;
4. Fire prevention;
5. Freight handling;
6. Matters for which the region or the state has the right to supervise:
(a) preservation of cultural heritage
(b) museums and libraries
7. Opera house, cinema hall and video house; and
8. Photo, painting and sculpture exhibitions.

These proposals were made by the following delegate groups to the National Convention on the adoption of detailed basic principles in connection with the social sector. The delegate groups are:

— the delegate group of peasants,
— the delegate group of workers, and
— the delegate group of political parties, which constitutes:
— National Unity Party,
— Union PaO National Organization,
— Mro (a) Khami National Solidarity Organization,
— Lahu National Development Party,
— Union Kayin League,
— Kokang Democracy and Unity Party, and
— Wa National Development Party.

I will continue to present separate proposals submitted by the delegate groups to the National Convention.

The Kokang Democracy and Unity Party, in its suggestion, said that giving encouragement to the culture, tradition and literature of the ethnic groups enriches the essence of the Union. The party also proposed whether it is appropriate to include the matter of ethnic language as detailed basic principles in the Union Legislative List.

To this, I would like to reply that the matter of ‘literature’ has included in the twentieth point of the social sector in the Union Legislative List. The term ‘literature’ covers everything related to literature including ethnic language and literature.

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 suggestions, said that it is necessary for the State to create job opportunities for those who are working in other countries, getting low-paid. The creation of job opportunities will reduce the rate of unemployment. Therefore, this matter should be included in the Union Legislative List.

To this, I would like to reply that it has been adopted as a basic principle that “The State shall enact necessary laws to protect the rights of workers.” According to this basic principle, necessary laws will be enacted to create job opportunities. Therefore, this suggestion shall be placed on record for the enactment of law in future.

The delegate group of peasants proposed the formation of peasant organizations representing the peasant class, adding that this matter should be included in the Union Legislative List.

Dr Hmu Htan of Thantlan township and U Aung Thein of Ywangan township, who are independent representatives-elect, also gave similar suggestion as the above.

To this, I would like to reply that multi-party system will be in practice when the constitution is completed. The parties concerned will have the right to set up peasant organizations in accord with the law related to the formation of associations and organizations. This being the case, it will not be necessary to include this matter in the Union Legislative List as no separate law needs enacting.

The delegate group of intellectuals and intelligentsia suggested that the Union Legislative List contain the laws enforcing the construction of any factories with treatment plant, and the laws enforcing the construction of a combined major treatment plant by technicians for the entire industrial zone to ensure public safety.

The group also proposed another five points to be included in the Union Legislative List. They are:

1. protection of clean environment,
2. health insurance,
3. birth and death registration,
4. Occupational health and safety, and
5. prevention of natural and man-made disasters.

The group also suggested in connection with the social sector that the birth and death registration be included in the Union Legislative List rather than in the Region or State Legislative List. The matter related to the birth and death registration is the thing that the State has to carry out internationally. Therefore, this matter should be included in the Union Legislative List.

To this, I would like to reply that the matter of treatment plants is mainly aimed at deterrence to air and water pollution. In other words, they are matters related to environmental protection and conservation, which have been mentioned in the energy, electricity, mining, and forestry sectors. In like manner, the above-mentioned explanation covers the proposal for the protection of clean environment.

The proposal for health insurance has been covered in the term ‘national health’ in the social sector; the proposal for occupational health and safety, in the term ‘working hours, break time and holidays’; and the proposal for prevention of natural and man-made disasters, in the term ‘relief and resettlement’. Laws can be enacted in connection with these matters when necessary. It will therefore not be necessary to include them as separate matters.

The group said of media encompassing newspapers, journals, periodicals, magazines, telecasting and broadcasting. In its separate suggestion on media, it said that apart from periodicals, telecasting and broadcasting media plays a vital role in the establishment of a discipline-flourishing democracy. By that time, there will emerge NGO- and private-owned media sooner or later. Permission will be granted to the media that keep their dignity. And action will have to be taken against those that breach the rules. Therefore, it is necessary, the group suggested, to enact necessary laws in connection with media.

To this, I would like to reply that these suggestions will be placed on record for the enactment of relevant laws in future.

Moreover, the proposal that the birth and death registration be included in the Union Legislative List rather than in the Region or State Legislative List is proper and consistent with the basic principle already laid down. Therefore, this matter deserves deep consideration.

The delegate group of national races, in its suggestion, said that the country might be faced with natural disasters such as fire, flood, strong wind, earthquake and epidemics. Under such circumstances, preventive measures are to be taken collectively region-wise. This being the case, the group suggested, the point “fire prevention” should be replaced with the term “fire prevention and natural disaster preparedness”.

In like manner, the delegate group of other invited persons made a similar proposal “fire brigade, fire outbreak, and disaster preparedness”. Regarding this proposal, the term ‘fire brigade’ has been mentioned in the Union Legislative List. The proposal ‘fire prevention and natural disaster preparedness’ is proper and consistent with the basic principle already laid down. Therefore, it deserves deep consideration.

The delegate group of State service personnel, in its separate suggestions, said that the role of machine operators is very important in industry. Therefore, Occupational Safety Act and Occupational Hazard Act came into force to protect the workers. For the sake of uniformity and equality, these matters should be included in the Union Legislative List so that law can be enacted when necessary. The group substituted the Point 15 “working hours, breaks, and holidays” with the term “working hours, breaks, holidays, and occupational safety”.

The delegate group of State service personnel suggested substitution of the Point 19 “the matters managed by the Pyidaungsu concerning ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, inanimate objects and archaeological undertakings” with the term “the matters managed by the Pyidaungsu concerning ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, ink inscription on stucco, palm leaves, handwritings, handiwork, inanimate objects and archaeological undertakings”.

These suggestions are proper and consistent with the basic principle already laid down. Therefore, they deserve deep consideration.
The Work Committee coordinated with the members of the panel of chairmen in connection with the replacement of words as suggested by delegates to the National Convention. 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 the adoption of the term “working hours, breaks, holidays, and occupational safety” as Point 15 in the social sector of the Union Legislative List; the term “ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, ink inscription on stucco, palm leaves, handwritings, handiwork, inanimate objects and archaeological undertakings” as Point 19 (a); the term “birth and death registration” from Point 2 in the Region or State Legislative List as Point 21 in the Union Legislative List; and the term “fire prevention and natural disaster preparedness” as Point 3 in the Region or State Legislative List.

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 clarification 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 social sector to be embodied in the Union Legislative List as regards the sharing of legislative power:

1. Curricula, syllabus, teaching methods, research, and projects and programmes;
2. Courses of universities, degree colleges and institutes and other higher education organizations;
3. Examinations designated by the Union;
4. Private schools and courses;
5. National sports;
6. National health;
7. Development of traditional medical science and medicines;
8. Free hospitals and dispensaries and private hospitals and dispensaries;
9. Maternal and child welfare;
10. Red Cross society;
11. Counterfeiting of food, medicines, medical equipment and cosmetics and mixing them with other ingredients;
12. Caring children, youths, women, the disabled, the aged and homeless;
13. Relief and rehabilitation;
14. Fire Brigade;
15. Working hours, breaks, holidays, and occupational safety;
16. Labour disputes;
17. Social security;
18. Labour organizations;
19. The matters managed by the Pyidaungsu concerning:
(a) ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, ink inscription on stucco, palm leaves, handwritings, handiwork, inanimate objects and archaeological undertakings
(b) Museums and libraries;
20. Literature, theatrical art, music, traditional arts and crafts, movies and videos; and
21. Birth and death registration.

And following points as detailed basic principles for the social sector to be embodied in the Region or State Legislative List:

1. Traditional medicines that are not contrary to traditional medicine policies set by the Union;
2. Social welfare tasks in regions or states;
3. Fire prevention and natural disaster preparedness;
4. Freight handling;
5. Matters for which the region or the state has the right to supervise:
(a) preservation of cultural heritage
(b) museums and libraries
6. Opera house, cinema hall and video house; and
7. Photo, painting and sculpture exhibitions.

At the plenary session of the National Convention, held on 20 May 2004, the Work Committee Chairman explained the detailed basic principles concerning the management 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, the intellectuals and intelligentsia delegate group and the 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 — gave suggestions to put the following points on the Union legislative list as detailed basic principles for the management sector:

1. General administration
2. Management of village and urban areas
3. House rent and land rent
4. Narcotic drugs and psychotropic substances
5. State secrets
6. Associations
7. Prisons
8. Border area development
9. Census
10. Citizenship, naturalization, revocation of citizenship, citizenship scrutiny and registration
11. Titles and decorations
The delegate groups also gave suggestion to put the following points on the region or state legislative list:
1. Development affairs
2. Human settlement and housing development
3. Honourary titles and medals

Now, I will explain the separate suggestions presented by delegates group-wise.

Independent representatives-elect Dr Hmu Htan of Thantalan Township constituency in Chin State, and U Aung Thein of Ywangan Township constituency in Shan State said that as the country has become modernized and developed, population, businesses and industries are greater in number than they were before. Population grows as a consequence of increasing economic undertakings and industries and a large number of people moving to urban areas for employment. There are house rent and land rent in the urban area on account of growing demand for accommodations, undertaking of businesses and construction of factories and workshops. Only when measures are taken for such matters on a national scale in harmony will there be equality and uniformity. Therefore, it should be included in the list of Union Legislation to enact laws, as necessary, in connection with “house rent and land rent”. Moreover, specific rights concerning the issue should be entrusted in regions or states in accord with time and situation without going against the Union law.

They continued to say, citizenry of all free countries are granted the rights to form and join associations and organizations. When it comes to forming associations and organizations, there will be a diversity of groupings for religion, social affairs, labour, arts, sports, etc. Similarly, there will also be associations concerning the professions, such as medical associations, engineering societies, lawyers associations and so on. In this connection, the State is to see that they do not harm the public safety and tranquillity nor smear the public morale. There should be common practice and uniformity on a national scale. But the authority to permit formation of some of the associations and organizations should be entrusted in the regions and states without opposing the Union law.

Concerning the suggestion, I would like to explain that the distributing authority concerning “house rent and land rent” and “formation of associations and organizations” without opposing the Union law amounts to the sharing of the management authority. When the Union is in the process of running its machinery and enacting laws, the management authority will be distributed to the different levels of regional authorities. The suggestion will be put on record for consideration in enacting necessary 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-1 and U Tin Tun Maung of Mingaladon Township constituency-2 said that as the legislative power concerning the management of urban areas is delegated to the Pyidaungsu Hluttaw, management of rural areas should be entrusted in the regions and states as they can know their own objective conditions well.

In connection with the matter, I would like to explain that the legislative power concerning the management of village and urban areas is delegated to the Union to enact laws covering the entire nation. But the Union will distribute authority to manage villages and urban areas to the regions and states in accord with the law. Thus, there is no need to include the matter in the region or state legislative list.

The other invited persons delegate group said that the State should consider stipulations of the following facts in enacting a law to give regions and states the authority concerning them.

1. General administration
2. Management of village and urban areas
3. House rent and land rent
4. Associations
5. Border area development
6. Census

The group also said that priority should be given to locals in appointing management staff in regions or states or self-administered areas if the qualifications of the candidates are found to be equal. Persons from other places should be appointed only if there is no local candidate. Moreover, the regions, states and self-administered areas should be permitted to appoint locals in accord with the requirement.

It requested the State to take necessary measures concerning the above-mentioned matters.

The suggestion is for the State to take into account the giving of authority concerning the matter to the regions and states. Thus, the suggestion would be put on record for consideration in enacting laws regarding the matter.

Delegates of the representatives-elect delegate group of the political parties presented the same opinion as their respective parties.
Independent representatives-elect of the group also presented separate suggestions expressing that the presentation of the Work Committee Chairman should be laid down as detailed basic principles.

Hence, in accord with the suggestions of the most of delegates concerning the management sector, the following points are laid down as detailed basic principles to be included in the Union legislative list:

1. General administration
2. Management of village and urban areas
3. House rent and land rent
4. Narcotic drugs and psychotropic substances
5. State secrets
6. Associations
7. Prisons
8. Border area development
9. Census
10. Citizenship, naturalization, revocation of citizenship, citizenship scrutiny and registration
11. Titles and decorations
And the following points are laid down as detailed basic principles to be included in the region or state legislative list:
1. Development affairs
2. Human settlement and housing development
3. Honourary titles and medals