Central level issues passport and identification certificate The central level also takes charge of foreigners visiting, staying in and leaving Myanmar by scrutinizing their entry visas Responsibility for immigration, deportation falls on central level

YANGON, 3 March — The following is the full clarification of Vice-Chairman of the National Convention Convening Work Committee Attorney-General U Aye Maung, on behalf of the Chairman of the Work Committee, regarding the foreign affairs sector for laying down of detailed basic principles for the sharing of legislative power to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township today.

In connection with the matters related to the foreign affairs sector that should be embodied in the portion of the sharing of legislative power in the Union Legislative List, the Chairman of the National Convention Convening Work Committee said at the Plenary Meeting of the National Convention on 18 May 2004 as follows:

“Detailed basic principles should be laid down on

1. diplomats, consular officials and trade representatives;

2. the United Nations;

3. participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and the implementation of their resolutions;

4. the realization and materialization of international and regional treaties, agreements, conventions, bilateral agreements and other contracts;

5. passports, entry visas and certificates of identity;

6. the entry into the Union of Myanmar, the departure from the country, immigration control and deportation order; and7. the extradition of criminals to the home country and request made therefrom.”

As is known to all the delegates to the National Convention, suggestions in respect of the seven points mentioned in the foreign affairs sector that shall be embodied as detailed basic principles in the portion of the sharing of legislative power in the Union Legislative List have been made by

— the delegate group of national races,

— the delegate group of peasants,

— the delegate group of workers, and

— the delegate group of intellectuals and intelligentsia, all of which are the delegate groups to the National Convention, and by

— 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, which are members of the delegate group of political parties I will continue to present separate proposals by the delegate groups.

The delegate group of other invited persons said they all agreed to the seven points clarified by the Work Committee Chairman and offered their additional suggestions.

]They said that in a sovereign state, there are two sectors of foreign policy: one is at central level and the other is at Region or State-level. The former takes charge of the most important issues while the latter takes charge of protocol matters concerning their areas.

The major issues of the central concerning the foreign policy are as follows:

— the adoption and implementation of the foreign policy,

— the recognition of a foreign nation or government and the withdrawal of the recognition,

— the establishment and termination of diplomatic/consular/trade relations (The establishment of relations between two countries is conducted through trade, consular, and diplomatic channels, in which some establish direct diplomatic relations, in other words, at embassy level.)

A sovereign state joins international or regional organizations, attends meetings, signs the resolutions, approves and implements them, and withdraws from such organizations. A sovereign state enters international, regional or bilateral agreements, signs them, approves of them, and carry out them.

The central level issues a passport and an identification certificate to a citizen to identify himself to travel abroad based on specified standards.

The central level also takes charge of foreigners visiting, staying in and leaving Myanmar by scrutinizing their entry visas. The responsibility for immigration and deportation falls on the central level.

Therefore, ‘the adoption and implementation of the foreign policy’ and ‘the recognition of a foreign nation or government and the withdrawal of the recognition’ should be added to the foreign policy, and detailed basic principles for it should be laid down.

The delegate group of other invited persons also suggested that the term ‘diplomats, consular affairs, and trade representatives’ be replaced with the term ‘the establishment and termination of diplomatic, consular and trade relations’.

Furthermore, the term ‘the United Nations’ should be replaced with the term ‘the United Nations and international organizations’; the term ‘participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions’ with the term ‘participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions, and the withdrawal from such organizations’; the term ‘the signing of international, regional and bilateral agreements and conventions, and the implementation of them’ with the term ‘the signing of international, regional and bilateral agreements and conventions and the implementation of them and the withdrawal from them’; the term ‘passports, entry visas, and ID cards’ with the term ‘passports and ID cards’; and the term ‘permission of entry to and departure from Myanmar and immigration and deportation’ with the term ‘entry visa, stay permit, departure permit, immigration and deportation’. In connection with these changes in terminology, detailed basic principles should be laid down.

The delegate group of other invited persons also discussed that certain regions or states share borders with neighbouring countries. So, there are many forms of social relations in these areas. To ensure close supervision in these areas, the following two points should be taken into consideration when the State constitution is drawn. They are:

1. temporary entry/exist permit in border areas, and

2. border trade with neighbouring countries bordering with Myanmar.

As regards its suggestions, I would like to explain that being executive tasks, such matters as ‘the adoption and implementation of the foreign policy’ and ‘the recognition of the nation or government and the withdrawal of the recognition’ are relevant to the sector for the sharing of executive power.

Analytical approaches to the remaining suggestions concerning the foreign affairs sector show that what has been clarified is the matters that should definitely be included in the portion of the sharing of legislative power in the Union Legislative List wherein succinct legislative terms are used.

In the term ‘diplomats, consular affairs, and trade representatives’ suffices to illustrate the words ‘establishment, termination, and other matters. When it comes to the term ‘United Nations Organization’, it covers the UN itself and other relevant organizations.

Likewise, the same thing can be said of the term ‘participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions’ and the term ‘the signing of international, regional and bilateral agreements and conventions, and the implementation of them. The matters — temporary entry/exist permit in border areas, and border trade with neighbouring countries — are only concerned with the granting of adminstered areas. However, these matters should be placed on record for future legislation.

That delegate group gave the suggestions on the replacement of the term ‘passports, entry visas, and ID cards’ with the term ‘passports and ID cards’; and that of the term ‘permission of entry to and departure from Myanmar and immigration and deportation’ with the term ‘entry visa, stay permit, departure permit, immigration and deportation’. Reasonable and appropriate, these suggestions deserve deep consideration.

The delegate group of State service personnel, in its separate suggestion, replaced the Work Committee’s words “diplomats, consular affairs, and trade representatives” with the words “diplomats, consular affairs, and representatives of other affairs”. Since what it has suggested carries a deeper meaning, emphasis should be placed on it.

In connection with the adoption of detailed basic principles concerning Point One “diplomats, consular affairs, and representatives of other affairs”, Point Five “passports and ID cards” and Point Six “entry visa, stay permit, departure permit, immigration and deportation”, the National Convention Convening Work Committee met and coordinated with members of the panel of chairmen. The members of the panel of chairmen held groupwise discussions among their respective delegate groups and submitted their proposed papers to the Work Committee. A majority of the delegate groups agreed to the Points One, Five and Six. The representatives-elect of the political parties that constitutes the delegate group of representatives-elect also mentioned the same attitude as their respective parties.

The independent representatives-elect of that delegate group gave separate suggestion, expressing their agreement.

By the consent of most of the delegates to the National Convention, following points are adopted as detailed basic principles for the foreign affairs sector to be included in the Union Legislative List as regards the sharing of legislative power:

1. Diplomats, consular affairs, and representatives of other affairs;

2. United Nations Organization;

3. Participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions;

4. Signing of international, regional and bilateral agreements and conventions, and the implementation of them;

5. Passports and ID cards

6. Entry visa, entry into the Union of Myanmar stay permit, departure permit, immigration and deportation; and

7. Extradition of criminals to the home country and request made therefrom.

Vice-Chairman of the National Convention Convening Work Committee Attorney-General U Aye Maung, on behalf of the Chairman of the Work Committee, continued to present matters on finance and planning sector.

At the plenary session of the National Convention, held on 18 May 2004, the Work Committee Chairman explained the detailed basic principles concerning the finance and planning 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 or 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 finance and planning sector:

(1) The Union budget

(2) The Union Fund

(3) Currency and coinage

(4) The Central Bank of Myanmar and financial institutions

(5) Foreign Exchange control

(6) Capital and money market

(7) Insurance

(8) Income tax

(9) Commercial tax

(10) Stamp duty

(11) Customs

(12) State lottery

(13) Tax appeal

(14) Service enterprises of the Union

(15) Disposal of Union-owned property through sale or rent or other means

(16) Disbursement of loans from the Union funds

(17) Investment with the Union funds

(18) Loans borrowed from inside and outside the country

(19) Acquisitions of the Union

(20) External financial assistance and aid

(21) National Plan

(22) Data collection

(23) National Archives

(24) Investment, and

(25) Inspection of statistics

The delegate groups also gave suggestions to put the following points on the region or state legislative list:

(1) The Region or State Budget

(2) The Regional or State Fund

(3) Land revenue

(4) Excise duties (excluding narcotic drugs and psychotropic substances)

(5) Development Affairs revenues such as building and land revenue, water tax, street light tax, wheel tax

(6) Service enterprises of the Regions or States

(7) Disposal of the Region- or State-owned property through sale, rent or other means

(8) Disbursement of loans within the country from the Regional or State Fund

(9) Investment of funds from the Regional or State Fund within the country

(10) Regional projects

(11) Small loans enterprise

Now, I will present the separate suggestions submitted by the delegates group-wise.

The peasant delegate group said that tax appeals office should be set up at region or state level in addition to the Union level for convenience of tax payers and for work facilitation.

Regarding the suggestion, I would like to explain that inclusion of the point —tax appeal — in the Union legislative list is to enable the Union to enact laws concerning the issue, and the enacted laws will cover the right to tax appeal in the region or state. At present also, tax appeals can be submitted to the respective state or division Internal Revenue Department offices if the tax-payer finds the decisions of the township offices to be dissatisfactory. The suggestion will be put on record for consideration in enacting laws as necessary in the future.

Other invited persons delegate group discussed that the presentation to include the 25 points of the finance and planning sector clarified by the Work Committee Chairman in the Union legislative list as detailed basic principles and the 11 points explained by the Work Committee Chairman in the region or state legislative list as detailed basic principles are appropriate and correct.

But the group gave another suggestion saying that the terms “Income tax”, “Commercial tax”, “Stamp duty”, “Customs” and “State lottery” should be substituted with the term “revenue matters.”

Regarding the matter, I would like to explain that the terms “Income tax”, “Commercial tax”, “Stamp duty”, “Customs” and “State lottery” have their specific meaning. If they are collectively termed “revenue matter”, it will not cover the “state lottery”. The terms are defined separately for enabling the tax payers to differentiate the meanings between the state lottery and the types of tax. In my view, the original terms are more appropriate for the matter.

The State service personnel delegate group said that the 25 points of the financial and planning sector clarified by the Work Committee Chairman should be included in the Union legislative list as detailed basic principles and the 11 points explained by the Work Committee Chairman should be included in the region or state legislative list as detailed basic principles. It also gave a separate suggestion, saying that in the basic principles and detailed basic principles already laid down by the National Convention plenary sessions, it was stated: “the State shall enact necessary laws for State service personnel to have due security in service and sufficiency of food, clothing and shelter, for married women in service to get maternity benefits, and for welfare to ease livelihood of persons who have retired from service.” Hence, an additional point “26. Pension pay” should be put to the 25-item list that should be included in the Union legislative list to enact laws as necessary concerning pensions.

As the already-laid-down basic principle includes enactment of necessary laws for the matter, it may not be needed to be put as a separate item in the legislative list. Delegates of the representatives-elect delegate group of the political parties presented suggestions similar to the options of the papers presented by the delegates of the respective parties.

Independent representatives-elect of the representatives-elect delegate group, presented discussions, saying, the clarifications made by 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 finance and planning sector, the following points are laid down as detailed basic principles to be included in the Union legislative list:

(1) The Union budget

(2) The Union Fund

(3) Currency and coinage

(4) The Central Bank of Myanmar and financial institutions

(5) Foreign Exchange control

(6) Capital and money market

(7) Insurance

(8) Income tax

(9) Commercial tax

(10) Stamp duty

(11) Customs

(12) State lottery

(13) Tax appeal

(14) Service enterprises of the Union

(15) Disposal of Union-owned property through sale or rent or other means

(16) Disbursement of loans from the Union funds

(17) Investment with the Union funds

(18) Loans borrowed from inside and outside the country

(19) Acquisitions of the Union

(20) External financial assistance and aid

(21) National Plan

(22) Data collection

(23) National Archives

(24) Investment, and

(25) Inspection of statistics.

And the following points are laid down as detailed basic principles to be included in the region or state legislative list:

(1) The Region or State Budget

(2) The Regional or State Fund

(3) Land revenue

(4) Excise duties (excluding narcotic drugs and psychotropic substances)

(5) Development Affairs revenues such as building & land revenue, water tax, street light tax, wheel tax

(6) Service enterprises of the Regions or States

(7) Disposal of the Region- or State-owned property through sale, rent or other means

(8) Disbursement of loans within the country from the Regional or State Fund

(9) Investment of funds from the Regional or State Fund within the country

(10) Regional projects

(11) Small loans enterprise.

Next, Vice-Chairman of the National Convention Convening Work Committee Attorney-General U Aye Maung, on behalf of the Chairman of the Work Committee, presented matters relating to the economic sector.

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 economic 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. In connection with this clarification, the detailed basic principles of the economic sector that should be included in the Union Legislative List are as follows:

1. Economy;

2. Trade;

3. Cooperatives;

4. Corporations, boards, enterprises, companies and partnerships;

5. Imports and exports, and control of their quality;

6. Hotels and accommodation; and

7. Tour business.

And the detailed basic principles of the economic sector that should be included in the Region or State Legislative List are as follows:

1. Economic activities carried out in a region or state in accord with the law enacted by the Pyidaungsu;

2. Trade activities carried out in a region or state in accord with the law enacted by the Pyidaungsu; and

3. Cooperative activities carried out in a region or state in accord with the law enacted by the Pyidaungsu.

It is found that the following delegate groups to the National Convention gave suggestions on the adoption of detailed basic principles in connection with the economic sector. The delegate groups are:

— the delegate group of national races,

— the delegate group of peasants,

— the delegate group of workers,

— the delegate group of State service personnel, and

— the delegate group of political parties, which constitutes:

(1) National Unity Party,

(2) Union Pa-O 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 of the delegate groups.

The delegate group of intellectuals and intelligentsia, in its separate suggestion, said that the word ‘inspection’ should be added to the fifth point of the economic sector that shall be included in the Union Legislative List. It also said that some imported dairy products could not be examined or tested through conventional methods whether they were contaminated by radiation. As such, it continued, there were times when the entire shiploads of the products were dumped into the sea. Fortunately, it added, the products imported by the country were tested uncontaminated by radiation after the Chernobyl incident. However, it suggested that the fifth point of the economic sector should be replaced with the term ‘import, export, inspection and control of their quality’, for some dairy products might have been contaminated by radiation”.

To this suggestion, I would like to reply that the quality of a particular product can be identified only after that product has been inspected. Otherwise, it will not be possible. The term ‘quality control’ automatically covers the meaning of ‘inspection’. It is therefore not necessary to add the word ‘inspection’. The term ‘quality control’ itself is complete and has a succinct meaning.

The delegate group of other invited persons suggested that “of the seven points, the fifth point be substituted with the term ‘import and export’, in lieu of the term ‘import, export, and control of their quality’. As regards the three points to be included in the Region or State Legislative List, it also suggested that the term ‘in accord with the law prescribed by the Union’ be replaced with the term ‘in accord with the economic policy of the State’.

To this suggestion, I would like to reply that the term ‘import, export, and control of their quality’ carries a more complete definition than the term ‘imports and exports’ does.

The term ‘in accord with the law prescribed by the Union’ used in the three detailed basic principles mentioned in the Region or State Legislative List is the common practice in drafting the constitution. Only then will the arm of law reach the entire country. Law is enacted to be in consistence with the policy of the State. The term ‘in accord with the law’ will agree to the policy of the State.

The term ‘in accord with the law prescribed by the Union’ is therefore more complete and deeper in meaning and consistent with the legislation procedures.

That group also said that as regards the sixth point ‘hotels and accommodation’, the seventh point ‘tourism’ and the matter of border trade, consideration should be taken into granting the right for close supervision on these two points to the Region, or State or Self-administered Division, or Zone Leading Bodies.

This suggestion is considered to be the matter that shall generate rights when the Pyidaungsu enacts law. It is therefore necessary to place these suggestions on record for the enactment of law in future.

The representatives of political parties which are members of the delegate group of representatives-elect submitted the proposals in accord with their respective parties.

U Tin Win, the independent representative-elect from the constituency-2 of Kyaiklat township, U Thein Kyi, the independent representative-elect from the constituency-1 of Taungdwingyi township, U Hla Soe, the independent representative-elect from the constituency-2 of Minbu township, U Mya Hlaing, the independent representative-elect from the constituency-2 of Twantay township, U Kyi Win, the independent representative-elect from the constituency-1 of Mingaladon township, and U Tin Tun Maung, the independent representative-elect from the constituency-2 of Mingaladon township suggested on hotels and accommodations. They said hotels and accommodations vary from one another in standard. Tourism is undertaken globally and locally. It will therefore be wise to distribute legislative power to the Region or State Hluttaw so that they can enact law relevant to the size of tourism industry as well as to the conditions of security, economy, and transport in their respective areas.

To their suggestions, I would like to reply that what has been mentioned in the legislative list is aimed mainly at the right to enact law. Implementation in accord with the enacted laws is what we call management tasks. According to a certain law enacted by the Pyidaungsu, measures are to be taken to implement management tasks on a national scale by granting the rights to local authorities. The Pyidaungsu is responsible to enact law relevant to ‘tourism industry’. Accordingly, besides the region or state government, the authoritative bodies vested with the rights are to implement the tasks in accord with the enacted law.

U Tun Kyaw, the independent representative-elect from the constituncy of Namhsan township in Shan State (North), in his separate suggestion, said that certain crops are sufficiently available in the regions or states and hence a basic principle should be included in the Region or State Legislative List so that law can be enacted as necessary in these areas to prohibit the import of such crops from neighbouring countries.

To this, I would like to reply that the matter of export and import is the thing that should be carried out uniformly on a national scale. Therefore, the legislative body at Union level should enact necessary law by taking approaches from various angles. Since the Pyidaungsu Hluttaw constitutes illuttaw representatives of the region or the state, they will have the right to submit their proposals.

The delegate group of peasants, in its separate suggestion, said that the places of tourist attraction may exist in the regions or states. Therefore, tourism industry should be undertaken on a greater scale in these areas with the help of the Ministry of Hotels and Tourism.
It also pointed out that hilly regions lagged behind in development as a result of the continued practice of the slash and bum farming method although measures are being taken to boost the national economy through agriculture.

It continued that close supervision should be made more than ever before to ensure the shift from the old method to the modem slope farming method in line with the highland farming method set by the government. It added that the right should be granted according to law as to turning the ‘slash and bum’ farmland into village-owned firewood plantations or into manageable-scale forest plantations.

To this, I would like to reply that nowadays tourism industry is being and will be undertaken on an extensive scale. More and more rights to do so have been granted to states and divisions.

Likewise, the State is making efforts to provide assistance for greater undertaking of the modern slope farming method and highland farming methods on a commercial scale.

These suggestions will be placed on record for the enactment of law in future.

By the consent of most of the delegates to the National Convention, following points are adopted as detailed basic principles for the economic sector to be embodied in the Union Legislative List as regards the sharing of legislative power:

1. Economy;

2. Trade;

3. Cooperatives;

4. Corporations, boards, enterprises, companies and partnerships;

5. Imports and exports, and control of their quality;

6. Hotels and accommodation; and

7. Tour business.

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

1. Economic activities carried out in a region or state in accord with the law enacted by the Pyidaungsu;

2. Trade activities carried out in a region or state in accord with the law enacted by the Pyidaungsu; and

3. Cooperative activities carried out in a region or state in accord with the law enacted by the Pyidaungsu.

On behalf of the Chairman of Work Committee, presentation of Work Committee Secretary U Thaung Nyunt presented matters concerning the Agriculture and Livestock Breeding Sector,the Energy, Electric, Mining and Forest Sector and Work Committee member Deputy Attorney-General Dr Tun Shin submitted presentation relating to the Industry Sector and the Transport and Communication Sector that should be included in the portion of the sharing of legislative power in Union Legislative List, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township today.

Their full presentations will be reported at the newspapers to be issued on 5 March.