National Convention, building three branches of power

A lake complete with five kinds of lotus flowers needs to have a proper embankment to store water so that the flowers could be in full bloom. In the same way, a democracy system will be perpetual only when it is endowed with Our Three Main National Causes. It is natural that lotus flowers will not be able to blossom in the flames and hot ashes. Likewise, only when there is prevalence of law and order will a discipline-flourishing democratic nation emerge, said Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein in his speech at the National Convention held on 17 February 2005.

In accordance with the seven-point Road Map, the National Convention, the first and crucial step of the future political programme, is being held phase by phase. The National Convention held from 17 May to 9 July 2004 and the National Convention held from 17 February to 31 March 2005 discussed and approved the three branches of State power that are crucial for a future State, and the National Convention to be reconvened on 5 December 2005 will continue discussing matters on the remaining sectors of the State constitution.

The three branches are legislature, judiciary and executive. They are interdependent and capable of building a peaceful society. At the National Convention, matters on the three branches of State power that are like the embankment of a lake according to Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein were discussed and progress has been made to a certain extent in this regard.

Man cannot live alone in a society. He has to live in a society by establishing a family or a tribe or a village or a town or a district or a state. He did so, realizing that living in a community is safer than living alone or else he could face internal and external dangers. To guard against internal and external dangers to a community man has adopted a system and practised legislature, judiciary and executive. Whatever system is practised, the three branches should be a firm pillar.

Myanmar has been in existence for years countable by the thousand. The long existence of Myanmar is not due to any particular system. In Europe, democracy system formulated and practised by Greeks and Romans, monarchy system, and autocracy and communism have evolved with the passage of time. However, Myanmar has existed for years countable by the thousand under the monarchy system.

It is due to the effect that the three branches of State power—legislature, judiciary and executive—were in conformity with Myanmar way of life. In exercise of the legislature, ancient Myanmar kings usually followed the teachings of the Buddha, kingly duties and morals and social obligations.

The emergence of Hluttaw in Myanmar is different from the emergence of Parliament in France and Britain. In France, the King held discussions on national affairs with ministers and priests. This had led to the emergence of Parliament. However, French people revolted against the monarchy and as a result, the French revolution occurred. In Britain also, there emerged Parliament following the power struggle between the King and the ministers.

In Myanmar, in the time of Htilo Minlo King a royal hall was established adjacent to the Palace Hall and justice was administered at the hall. It was called Hluttaw which emerged in a peaceful way in Myanmar.

In the Union system, a group of states or countries join together. The Union nations share their power according to the constitution. The state governments in the Union usually entrust defence and foreign affairs to the central government.

The United Kingdom comprises England, Scotland, Wales and Northern Ireland. Queen Elizabeth II is the Head of State and there are two houses and the UK practises parliamentary system. In the parliament there are 650 members— 516 from England, 36 from Wales, 71 from Scotland and 12 from Northern Ireland. Legislative power vests in the central.

At the National Convention held on 17 May 2004, detailed basic principles on formation of the Pyithu Hluttaw, the National Hluttaw, Region and State Hluttaws in future Myanmar were laid down. It was discussed that legislation should be made by the majority of the national races in those Hluttaws.

At the National Convention held on 17 February 2005, the delegates from eight groups unanimously approved 18 proposal papers in connection with legislative sector after thorough discussions. Group-wise discussions on other sectors of judiciary and executive were also made.

In History of Myanmar compiled by Major Ba Shin, it stated that in ancient Myanmar, the national races reached the level of establishing the city states. They lived under the administration of the king and their governors. The factors that influenced the way of live of people became the administrative system. That period lasted for 800 to 900 years, it added.

There were only nine departments that carried out their functions through the Hluttaw under the ancient Myanmar kings. Foreign Affairs Department was introduced under King Bagyidaw (1819-1837) and therefore there were ten departments.

According to the ancient verses, ten people led a hundred people. It showed that basic democratic system was practised in ancient Myanmar. The volume II of The paper on administration of Myanmar kings compiled by Bagan Wunhtauk U Tin stated the election of the people who had been accepted by all.

Thagyi or headman was elected and there were two assistants— Asiyin and Akaing under him. If there was a case in the village, Thagyi or the headman made a decision after consultation with his assistants. Akaing was responsible for accounts and records and Asiyin responsible for criminal cases. Ten persons who were in-charge of ten houses each controlled 100 households.

After the second Anglo-Myanmar War, in the anti-imperialist struggle the headmen fought against the British troops. After the annexation of Myanmar by the imperialists, the basic Myanmar administration system remained unchanged. They began to destroy the patriotism of the headmen by offering ranks, power, silver sword and double barrec guns.

In connection with Myanmar people who abide by the law, British diplomat Col Symes who arrived in Myanmar at the end of 18th century praised Tangaung, Myanmar police and said they were more systematic than those in European countries.

There were six levels in administration of justice— from the office of township or village judge to, the mayor, four-judge court, the prince, the queen, the king and then the Sayadaws. According to 1167 Bhaya Kyaw Htin Order, alien officers were appointed and they made decision on affairs of Pathi faith. It showed that there was freedom of religion in Myanmar in those days.

Myanmar women together with men equally participated in executive and judiciary sectors up to 1247 ME. (page 171-193 of The paper on administration of Myanmar kings).

Based on fine democratic traditions of executive and judiciary sectors, the National Convention held on 17 February 2005 laid down detailed basic principles. The executive and judiciary sectors will be discussed and approved at the National Convention to resume on 5 December 2005.

After laying down the seven-point Road Map, the National Convention discussed the three important pillars for the future of Myanmar— three branches of State power— legislative, judiciary and executive sectors. Solutions were sought in the discussions without personal attachment, sectarianism, localism and doubts caused by the instigation of foreigners among the national races.

I would like to call on all to participate in the respective roles for success of the National Convention which is to resume on 5 December.

Author : Chingya (Maubin)