NLD Statement 50(9/98) in English

[nldburma@xxxxxxxxxxx]

Unofficial Translation

National League for Democracy
No: (97/b) West Shwegondine Road
Bahan, Rangoon

Statement No: 50(9/98)

(Note: to be read together with Statement 42(9/98))

1.	The National League for Democracy in its Statement 35(8/98)dated 20 
August 1998 announced inter alia

    " 10. Failure to convene the Pyithu Hluttaw is not only ignoring      
the will of the people, but an abrogation of the promise that was      
to the people.

       11. The responsibility to convene a Pyithu Hluttaw in       
accordance with the will of the people and the voters, now       
devolves on all those elected representatives from the NLD,       
nationalities, other political parties and independents.

       12. Therefore, the National League for Democracy proclaims that        
it will shortly convene that Pyithu Hluttaw which will include        
all the elected representatives."

2.	After the NLD had proclaimed its policy regarding this matter of 
convening the Pyithu Hluttaw, the Minister for Home Affairs met U Than 
Tun and U Soe Myint, NLD members of the Central Executive Committee, and 
read the SLORC's Law 5 of 96 to them. This was to threaten them that 
should they go ahead with their plans, action would be taken against 
them.

3.	It must be obvious to all that Law 5 of 96 has no relevancy 
whatsoever to the convening of a Pyithu Hluttaw by the NLD.

4. Law 5 of 96 has a preface and 4 chapters. In the introduction it is 
stated that- 

       " The work of the National Convention is being disrupted and        
attempts are being made to dishonour and discredit it through        
speeches and utterances and publications which amount to        placing 
obstacles and impeding the transfer of power in a        peaceful and 
systematic way."

5.	" In order to fulfil our responsibility to bring about peace        
and prosperity and a systematic transfer of power, for a        
successful outcome of the National Convention; and for the        
achievement of peace, prosperity in building a modern and        
progressive nation; the State Law and Order Restoration Council        
finds it necessary to protect and prevent disruptions and        hereby 
makes the following law."

6.	The provisions in Chapter 1 of this law gives the name and the 
definitions. In Chapter 2, the prohibitions are set out. Chapter 3 gives 
the penalties, and Chapter 4 contains miscellaneous provisions. There 
are five sections in Chapter 2. Two sections refer to general 
prohibitions and the remaining three refer to special prohibitions.

7.	Every law contains a provision indicating the law which must be 
refereed to as a guide for definitions and interpretations. That law was 
made in 1973 by Revolutionary Council which repealed the existing 
General Clauses Act . Chapter 2 of that law gives 
"Guidelines for definitions" and Section 3 (b) states 

       "In defining the meaning of words in a law, the intention of        
the authorities making that law must be taken into account. "           

8. In law 5 of 96, the intention of the law makers was clearly stated in 
its introduction. It was the National Convention that the law makers had 
in mind and action to undermine the completion of that event was made an 
offence against that law. Then in Section 3(d) of the law giving 
guidelines for definitions. It is stated that 

       " the provisions of a special law overrides the provisions of a        
general law and the special provisions of a law overrides the        
general provisions of that law."

9.	Therefore the general provisions contained in section 3(a) and (b) of  
Chapter 2 of law 5 of 96 are overridden by the special provisions 
contained in Section (c), (d), and (e) which have been set out as:-

       (c) Our priority being the production of a firm and durable        
constitution, anything done to harm, dishonour, discredit,        cause 
trouble ,or destroy the work of the convention through        
intimidation, preaching, uttering, writing and distributing.

      (d) without legal authority, performing the duties  of the        
national convention, or drawing up a constitution, or writing        and 
distributing a constitution,

       (e) Contravening the about provisions or aiding and abetting        
the doing of such acts that are prohibited. 

10.	Therefore, the NLD has not contravened any of the provisions of Law 
5 of 96.

11. Section 2(a) of the Pyithu Hluttaw Election Law states that 

       "Hluttaw means Pyithu Hluttaw " 

and  Section 3 states that 

       "the Hluttaw must be convened with the elected representatives        
from the constituencies as prescribed by this law ". 

Apart from these two sections there are no provisions of law in relation 
to the convening of the Hluttaw. According to past practices, parliament 
is convened about 90 days after the holding of elections. SLORC and 
their successors have not only ignored the wishes of the people as 
expressed in the overwhelming votes given at the 1990 elections, but are 
circumventing existing laws and precedents           

12. On 23 September, 1998, the chief of  staff of the defence services 
made a statement clarifying their position and said 

       "We want to make it clear that the only reason we assumed power        
and formed a government was to enable us to share        responsibility 
and perform the duties necessary for the        perpetuity of the nation 
and for the continuity of diplomatic        relations. Taking on so must 
responsibility by a small group is        not because we want to 
exercise power indefinitely and we        publicly announce for the 
world to know that in this short        duration we cannot give our 
attention to long turn projects        like Health, Education and Social 
Security. Those matters will        be the responsibility of the 
government that is voted in by the        people after the multi-party 
democratic elections."

13.	The government that started with 9 ministers ( including a prime 
minister) has after ten years expanded to 41 ( including a prime 
minister). In addition the number of deputy ministers as of 17-11-97 was 
35.

13. The authorities today have blatantly abrogated and annulled the 
promises and statements made by the Chief of Staff of the Defence 
Services made at a news conference on the 5th July 1989. His words were 

       " I will transfer power in accordance with the law . If a         
government can be formed with a majority vote, power will be        
transferred . I agree."   Then  again he continued " If you        want 
a new constitution , you can draw up one. I have no        dispute about 
how many members of parliament there must be to        form a 
government. Of course we will transfer power. What        constitution 
do you want. If there is a nation, there must be a        government . 
There must be a constitution.  Which constitution        will we 
recognise? Do you want amendments? These details must        be worked 
out by the political parties."

15.	Now it is the duty of all elected representatives from the NLD, the 
Nationalities,  other political parties and independents to assemble 
together and form the Pyithu Hluttaw so that the will of the voters and 
the people can be fulfilled.

16.	For all the above reasons, the National League for Democracy 
announced that it will be convening a Pyithu Hluttaw in the near future.


Central Executive Committee
National League for Democracy

Rangoon
10 September 1998.  




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