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No separate law needs enacting since national races have been following the
amicable settlement through customary practices of their own in their regions or states

YANGON, 4 March — The following is the full clarification of Member of the National Convention Convening Work Committee Dr Tin Aung Aye, on behalf of the Work Committee Chairman, concerning the judicial sector, the legislative power to leading committees of self-administered areas and the distribution of legislative power 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 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 21 May 2004, the Chairman of the National Convention Convening Work Committee clarified detailed basic principles to be laid down for the judicial sector that shall be embodied in the Union Legislative List as regards the sharing of legislative power. In connection with this clarification, the delegate groups to the National Convention held discussions and gave suggestions to adopt the following points as detailed basic principles for the judicial sector in the Union Legislative List. They are:

1. Administration of justice
2. Lawyers
3. Penal laws and procedures
4. Civil laws, contract, arbitration, civil wrong, insolvency, Trust and people who can administer because of the trust, administrator and keeper, guardians and wards, transfer of property and inheritance
5. Evidence Act
6. Limitation
7. Valuation of suit
8. Specific relief
9. Foreign jurisdiction
10. Admiralty jurisdiction
11. Piracy at sea, and crimes committed on land or in the international waters or in space in violation of the international laws.

The delegate groups that gave suggestions are:

— the delegate group of national races
— the delegate group of peasants
— the delegate group of workers
— the delegate group of intellectuals and intelligentsia
— the delegate group of State service personnel, 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.

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 suggestion, said that the people living in regions or states should be allowed to continue the amicable settlement through customary practices which is not contrary to Union Law.

U Tun Kyaw, the independent representative-elect from Namhsan township, and the delegate group of other invited persons proposed a motion similar to the one mentioned above.

To this, I would like to reply that no separate law needs enacting since national races have been following the amicable settlement through customary practices of their own in their regions or states. They can do so in cases except those prohibited by law.

The delegate group of other invited persons suggested the replacement of the term “piracy at sea, and crimes committed on land or in the international waters or in space in violation of the international laws” with the term “crimes committed in international waters and in the territorial waters, land, and space of Myanmar”.

To this, I would like to reply that our courts have the rights to open the trials in connection with the cases that occurred on our territory. It will be found that the proposed term lacks deep definition. It will imply as if crimes committed in international space and crimes committed in violation of the international laws were not included. Having been used in 1947 Constitution, and being the common practice in the international community, the usage of former term will be more complete in definition.

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 clarifications 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 portion of the sharing of legislative power:

1. Administration of justice
2. Lawyers
3. Penal laws and procedures
4. Civil laws, contract, arbitration, civil wrong, insolvency, Trust and people who can administer because of the trust, administrator and keeper, guardians and wards, transfer of property and inheritance
5. Evidence Act
6. Limitation
7. Valuation of suit
8. Specific relief
9. Foreign jurisdiction
10. Admiralty jurisdiction
11. Piracy at sea, and crimes committed on land or in the international waters or in space in violation of the international laws.

Dr Tin Aung Aye also presented matters on legislative power to leading committees of self-administered areas.

At the Plenary Meeting of the National Convention on 21 May 2004, the Chairman of the National Convention Convening Work Committee clarified detailed basic principles relevant to the legislative power to leading committees of self-administered areas mentioned in the sharing of legislative power. In connection with this clarification, the delegate groups to the National Convention held discussions and gave suggestions to adopt the following points as detailed basic principles that should be embodied in the legislative power to leading committees of self-administered areas.

They are:
(a) Town and village plan,
(b) Construction, repair and maintenance of roads,
(c) Public health,
(d) Development affairs,
(e) Fire prevention,
(f) Pasture,
(g) Forest protection and conservation,
(h) Environmental conservation,
(i) Water and electricity supply in towns and villages, and
(j) Town and village markets.

The delegate groups that gave suggestions are:
— the delegate group of national races
— the delegate group of peasants
— the delegate group of workers
— the delegate group of intellectuals and intelligentsia
— 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 delegate group of State service personnel gave a suggestion on the replacement of the term “Environmental conservation” as shown in Point (H) with the term “environmental conservation in accord with the law enacted by the Pyidaungsu”.

In the Point 3 of the Union Legislative List mentioned in the energy, electricity, minerals and forestry sector, it is stated “minerals, mines, and safety of mine workers, and environmental conservation and reconstruction”; and in the Point 7, it is stated “conservation and protection of wildlife, and natural trees and natural areas including the environment”. The Pyidaungsu Hluttaw will enact laws relevant to these matters. The leading committees of self-administered areas are therefore to act in accord with the law promulgated by the Pyidaungsu. This being the case, it is proper to express the term “environmental conservation in accord with the law enacted by the Pyidaungsu”.

The delegate group of other invited persons, in its suggestion, added another two points to the ten points clarified by the Work Committee Chairman. The right of the leading committee of the self-administered division or zone should be taken into consideration when the State enacts laws. These two points are:

(1) preservation of literature and culture,
(2) necessary administration, judiciary, border trade, and border transit, given the special condition of the area.

Moreover, the following points, the group added, should be changed in terminology.

(b) ‘construction, repair and maintenance of roads and bridges’ instead of ‘construction, repair and maintenance of roads’; and
(g) ‘protection and conservation of forest plantations including natural forests and private-owned teak plantations’ in stead of ‘forest protection and conservation’.

To this, I would like to reply that it has been adopted as a basic principle that “the State shall help develop language, literature, fine arts and culture of the national races”. Nowadays, the State is giving encouragement to the development of literature and culture of national races. And it will continue its efforts to do so in the future. It should therefore be placed on record.

The matters of administration and judiciary are concerned with management and judicial rights. In connection with the judicial sector, detailed basic principles have been laid down to include them in the Union Legislative List. And I would like to explain that the matters related to border trade and border transit have been mentioned as detailed principles in the foreign affairs sector as well as in the economic sector.

The term ‘forest protection and conservation’ has been complete in definition. The term covers natural forests and man-grown forests. Therefore, it is not necessary to mention it separately.

The suggestion in connection with the replacement of the Point (b) “building, repair and maintenance of roads” with the term “construction, repair and maintenance of roads and bridges” is proper. But, it is necessary to make the title succinct in legislation. However, the addition of the words “bridges” and “construction” will make the meaning more complete. Therefore, the usage of the term “construction, repair and maintenance of roads and bridges” is proper and worth deep consideration.

As suggested by the delegate group of State service personnel, consideration should be taken into the replacement of the term “environmental conservation” with the term “environmental conservation in accord with the law enacted by the Pyidaungsu”.

In connection with these suggestions, the National Convention Convening Work Committee coordinated with the members of the panel of chairmen, who held discussions with their respective delegate groups to the National Convention. After that, the panel of chairmen gave their written feedback to the Work Committee. Most of the delegate groups to the National Convention agreed to the terms “construction, repair and maintenance of roads and bridges” and “environmental conservation in accord with the law enacted by the Pyidaungsu”.

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 clarifications 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 legislative power to leading committees of the self-administered division or zone as regards the sharing of legislative power:

(a) Town and village plan,
(b) Construction, repair and maintenance of roads and bridges,
(c) Public health,
(d) Development affairs,
(e) Fire prevention,
(f) Pasture,
(g) Forest protection and conservation,
(h) Environmental conservation in accord with the law enacted by the Pyidaungsu,
(i) Water and electricity supply in towns and villages, and
(j) Town and village markets.

Next, Dr Tin Aung Aye presented distribution of legislative power 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.

At the National Convention on 21 May, 2004, the Work Committee Chairman explained the distribution of legislative power 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. The delegate groups presented discussions and suggestions concerning the matter.

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 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 — made discussions and suggestions to lay down the following paras as a detailed basic principle.

“Legislative power is vested in the Pyidaungsu Hluttaw in connection with other matters not stated in the legislative list of the Union, Region or state, and self-administered division or zone leading bodies.”

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 discussed in support of the clarification made by the Work Committee Chairman.

In accord with the suggestions of most of the delegate groups, the matter concerning “Legislative power is vested in the Pyidaungsu Hluttaw in connection with other matters not stated in the legislative list of the Union, Region or State, and self-administered division or zone leading bodies.” is laid down as a detailed basic principle.

On behalf of the Chairman of the Work Committee, Secretary of the Work Committee U Thaung Nyunt presented matters on legislative powers for Union territories, the effect of the laws enacted by different levels of the Hluttaw and the self-administered area leading bodies and formation of Financial Commission, and Taxation and funds allotment among the Pyidaungsu and Regions or States, U Tin Aye on formation of Financial Commission, and Taxation and funds allotment among the Pyidaungsu and Regions or States, and Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Vice-Chairman U Aye Maung on detailed basic principles. Their presentations will be reported in the newspapers to be issued tomorrow.