PROCEEDINGS OF THE NATIONAL CONVENTION

14 December 2005

From The New Light of Myanmar 15 December 2005

The Plenary Meeting of the National Convention Continues (14-12-2005)

Matters concerning detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw clarified Plenary Session of National Convention continues at yaunghnapin Camp in Hmawby Township

YANGON, 14 Dec — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township at 9 am today.

It was attended by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the respective sub-committees, delegates of Kokang Democracy and Unity Party, National Unity Party, Union Kayin League, Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives-elect, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan State (South), Shan State(North), and Shan State (East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan State (South), Shan State(North), and Shan State (East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia and delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan State (South), Shan State(North), and Shan State (East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State service personnel from the State Peace and Development Council Office, the President’s Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Office of Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee, and ministries concerned, other invited delegates, delegates of national race groups that have returned to the legal fold and exchanged arms for peace.

Before the Plenary Session of the National Convention at 7.30 am, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, NCC Work Committee Chairman Chief Justice U Aung Toe and Work Committee members, NCC Management Committee Chairman Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen of sub-committees, officials, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of workers, delegates of intellectuals and intelligentsia, delegates of State service personnel, and other invited delegates signed in the attendance books at the Pyidaungsu Hall and recreation hall for the delegates.

Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein presided over the Plenary Session of the National Convention, and Secretary of the Commission Minister for Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies.

The MC announced the validity of the meeting as 1,065 delegates out of 1,080 were present, accounting for 98.61 per cent.

NCC Work Committee Chairman Chief Justice U Aung Toe clarified matters concerning detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution.

(The clarification of NCC Work Committee Chairman Chief Justice U Aung Toe will be reported.)

Next, NCC Work Committee Vice-Chairman Attorney-General U Aye Maung read out the clarification made by the NCC Work Committee Chairman on matters relating to detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution.

(The presentation of NCC Work Committee Vice-Chairman Attorney-General U Aye Maung will be reported.)

NCC Work Committee Secretary U Thaung Nyunt read out the clarification made by the NCC Work Committee Chairman on matters relating to detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution. The Plenary Session of the National Convention went into recess.

(The presentation of NCC Work Committee Secretary U Thaung Nyunt will be reported.)

When the Plenary Session of the National Convention resumed NCCC member Deputy Minister for Information U Thein Sein read out the clarification made by the NCC Work Committee Chairman on matters relating to detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution.

(The presentation of NCCC Member Deputy Minister for Information U Thein Sein will be reported.)

Next, NCCC Member Supreme Court Judge Dr Tin Aung Aye read out the clarification made by the NCC Work Committee Chairman on matters relating to detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution.

(The presentation of NCCC Member Supreme Court Judge Dr Tin Aung Aye will be reported.)

Afterwards, NCC Work Committee Member Supreme Court Judge U Tin Aye read out the clarification made by the NCC Work Committee Chairman on matters relating to detailed basic principles to be laid down for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in judicial sector in writing the State Constitution.

The Plenary Session of the National Convention was adjourned at 12 noon.

(The presentation of NCC Work Committee Member Supreme Court Judge U Tin Aye will be reported.)

The Plenary Session of the National Convention continues at 9 am tomorrow.

Whether a detailed basic principle “The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” should be adopted or not is to be discussed

YANGON, 14 Dec—The following is the clarifications of National Convention Convening Work Committee Chairman U Aung Toe on adoption of detailed basic principles for legislation of Pyidaungsu Hluttaw to be included in judicial sector for formulating State Constitution at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby Township , Yangon Division.

According to the study of the National Convention Convening Work Committee the detailed basic principles of the chapters concerning the legislature, executive, and judiciary I have explained at the National Convention held on 2 September 1994, are found to have interrelations. The National Convention Convening Work Committee also found that some of the basic principles should be discussed at their respective sectors and some are related to one another.

If the chapters — Legislative, Executive and Judiciary— are discussed separately, there will be no links between the chapters. Thus, the legislature, executive and judiciary are to be categorized into three parts in laying down detailed basic principles. The three parts should be divided into three sectors — the formation of the powers, the sharing of powers and the functions.

I will now explain the detailed basic principles for the formation of Legislation, Executive and Judiciary to be included in drafting of the State Constitution for the convenience of the delegates in presenting suggestions in connection with the matter.

The National Convention Convening Work Committee has explained the formation of the Legislature, the Executive and the Judiciary. National Convention held from 28 to 30 March 1996 adopted detailed basic principles concerning the formation of Legislative, Executive and Judiciary in accordance with the suggestions of the delegates.

I have explained the matter regarding the sharing of legislative power at the plenary session of the National Convention held from 17 May to 9 July 2004. Afterwards, I have adopted the detailed basic principles concerning the sharing of the legislative power at the National Convention held on 3 March 2005.

On 12 December the National Convention in session adopted the detailed basic principles for sharing of the executive and judicial power.

Up to now, the detailed basic principles for the formation and the sharing of legislative, executive and judicial powers have been adopted. Now, I will continue to explain the study of the National Convention Convening Work Committee concerning the remaining functions of the Hluttaws or in other words, the interrelations of the functions of the Hluttaws.

I am now going to present the legislation concerning the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw. First, I will explain the adoption of detailed basic principles for holding the regular sessions of the Pyidaungsu Hluttaw.

In the detailed basic principles adopted for formation of legislature, it was mentioned that the Pyidaungsu Hluttaw comprises the Pyithu Hluttaw and the Amyotha Hluttaw.
According to the detailed basic principles, the first session of the Pyidaungsu Hluttaw shall be convened during the time the first regular sessions for the new term of its two hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw — are in session.

The detailed basic principles for formation of executive states “after electing the President and Vice-Presidents, with the approval of the Pyidaungsu Hluttaw, the President of the Union shall —

(1) designate the Union government ministries as necessary. Moreover, he can make changes and addition to the designated ministries.

(2) allocate the number of Union Ministers as necessary. Moreover, he can increase and reduce the allocated number. The principles also state that he shall present the list of nominees for the post of Union ministers, the Union attorney-general and the Union auditor-general to the Pyidaungsu Hluttaw for approval. In the detailed basic principles for formation of the judiciary, it is said, “the President shall submit the nomination of the person suitable to be appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw for approval. The President shall submit the nomination of persons suitable to be appointed as the Judges of the Supreme Court.” The President will have to present all the matters that need the approval of the Pyidaungsu Hluttaw to the first session of the Pyidaungsu Hluttaw to run the executive and judicial sectors. Thus, the first session of the Pyidaungsu Hluttaw must be held as early as possible.

My presentations suggest the need to hold the first session of the Pyidaungsu Hluttaw on the earliest date as possible within 15 days after the beginning of the Pyithu Hluttaw. Thus, I suppose that it will be appropriate to hold the first session of the Pyidaungsu Hluttaw within 15 days after the beginning of the Pyithu Hluttaw.

According to the detailed basic principles for formation of the legislature, the Speaker of the Amyotha Hluttaw shall serve as the Speaker of Pyidaungsu Hluttaw during the first 30 months. The Speaker of the Amyotha Hluttaw has already been elected at the time the first session of the Pyidaungsu Hluttaw is convened.

In the system to distribute the three organs of power, it will be appropriate only if the head of the Pyidaungsu Hluttaw convenes the Pyidaungsu Hluttaw. Thus the duty to call the first session of the Pyidaungsu Hluttaw should be vested in the Speaker of the Pyidaungsu Hluttaw.

I would like to suggest the delegates to discuss whether the basic principle “The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw”.

“The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.”

should be adopted or not.

Now I will deal with the matter concerning the fixing of the minimum number of sessions the Pyidaungsu Hluttaw should hold annually.

The constitutions of the majority of global countries state that the parliament should be held at least one session a year. The Article 66 of the 1947 Constitution of Myanmar also stated, “There shall be a session of the Parliament once at least every year so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting of the next session.”

In my view it will be appropriate if the Pyidaungsu Hluttaw, formed according to new constitution, holds at least one session a year during its tenure. As one meeting is fixed as minimum for the Pyidaungsu Hluttaw, it can have the right to hold more than one meeting as necessary.

It is required to fix the maximum duration of time between one meeting and another if the minimum number of meeting is fixed at one every year. The duration of time should be fixed at 12 months.

In the world countries, the duty to call the parliament is assigned to the Head of State, the head of parliament or an organization, entrusted the power to do so by the constitution. In our country, the Speaker of the Pyidaungsu Hluttaw should be entrusted with the power to call the Pyidaungsu Hluttaw meeting.

Thus, the delegates discuss whether the following basic principles “The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months” should be adopted concerning the number of Pyidaungsu Hluttaw meetings for a year.

Now I will deal with the matter concerning the functions of the Pyidaungsu Hluttaw meetings.

In many of the world countries, the heads of state occasionally attend their legislative parliaments to address them. In some countries the Head of State instead of attending the parliament sends a message to it. The act of addressing the parliament is to present to the parliament and acknowledge the people the matters concerning the nation’s general conditions, policy or the bills the government is going to present. When the address concerns the foreign policy or current international affairs, he means to inform the international community about his nation’s foreign policy. Usually, the parliaments put on record the addresses or messages of the head of state.

There may also be messages of the head of state or speaker of other nation and other messages sent to the nation’s parliament.

The section 61 of the 1947 Constitution stated, “The President may communicate with the Parliament by message or address on any matter of national or public interest.”
The future Hluttaw should put on record the address the President occasionally delivers at it. The Hluttaw should also read out and record the messages of the President. Regarding the other messages, the ones that are permitted by the Speaker of the Hluttaw should be read out and put on record.

Legislation is the main task of the Legislative Hluttaw. In countries with two chambers, generally, the task of presenting and passing a bill is carried out by both parliaments. When there occurrs disagreement between the two chambers concerning a bill, a joint sitting of the two chambers is called.

The section 109 of the nation’s 1947 Constitution stated, “If one Chamber passes any other Bill, and the other Chamber rejects or fails to pass, or passes it with amendments to which the Chamber where the Bill originates will not agree, the President shall convene a joint sitting of the two Chambers.”

In the Pyidaungsu Hluttaw, the bills that are designated by the constitution for exclusive submission to the Pyidaungsu Hluttaw, and the bills that need the approval of the Pyidaungsu Hluttaw because of the occurrence of disagreements between the Pyithu Hluttaw and the Amyotha Hluttaw should be submitted to the Pyidaungsu Hluttaw. Thus, it should be prescribed that the Pyidaungsu Hluttaw meetings should carry out the task of legislation covering the work of presenting, discussing and passing a bill.

In the constitutions of the most world nations, a parliament-approved bill is submitted to the President to sign and promulgate it as an Act. If he approves the bill, he signs and promulgates it as an Act. He has the right to send the bill back to the Hluttaw together with his remarks if he believes that the Hluttaw should review the bill.

In some countries, the bill sent back by the Head of State is discussed at the two chambers separately and in others the bill is discussed at the joint sitting of both chambers.

As the Pyidaungsu Hluttaw, according to the already-laid-down detailed basic principles, is a parliament formed with the Pyithu Hluttaw and the Amyotha Hluttaw, the bills that are sent back for review with the remarks of the President, should be discussed at the Pyidaungsu Hluttaw.

Included in the detailed basic principles laid down by the National Convention are the matters that must be carried out by the Pyidaungsu Hluttaw. When the President submits the matters relating to the amendment of the national boundary, the amendment of the boundaries of regions or states, the fixing of the number of ministries and ministers, the fixing of the number of members of the Union-level organizations to be formed by the constitution, they will be discussed and decided at the Pyidaungsu Hluttaw. There may arise matters that need approval of the Pyidaungsu Hluttaw in laying down detailed basic principles for the chapters National Convention have to draw. In this regard, the making of discussions and decisions specified only for the Pyidaungsu Hluttaw according to the constitution should be designated as a matter to be made at the Pyidaungsu Hluttaw meeting.

Now, I will deal with the reports that are presented to the Pyidaungsu Hluttaw. If there any reports that are to be presented to the Pyidaungsu Hluttaw according to a law, and reports that are presented by an organization or an individual person assigned by the Pyidaungsu Hluttaw, they are to be discussed at the Pyidaungsu Hluttaw, and will be recorded if they require follow up action or do not need decision or follow up action. Thus, the matter of making discussions or recording them should be laid down as a basic principle.

Matters concerning the presentation of proposals, and making discussions and decisions is an important task for the chambers of the respective parliaments.

Matters concerning the presentation of proposals was stated in the bylaws of the 1947 Constitution. The Pyithu Hluttaw Law and the bylaws enacted according to the 1974 Constitution also stated the means to present proposals.

Work programmes of the parliaments of global countries include the proposals to present a bill, the proposals that request government action and the proposals that request the parliament’s action concerning a matter. Thus the task of presenting proposal, discussions and decisions should be laid down as a detailed basic principle concerning the task to be carried out at the Pyidaungsu Hluttaw meeting.

Now I will explain the matter concerning the question and answer sessions of the parliament. Mostly, the questions of the members of the parliament concern the government’s policies, administration, judiciary, economy and social issues. If the questions are in accord with the principles contained in the hluttaw law, the leader of the parliament fixes date and time to ask them. Members of the administrative bodies concerned answer the questions at the time of the date fixed by the leader of the parliament.

The asking questions at the parliament means informing the people about the matters included in the queries. As the organizations answering the questions are like informing the MPs as well as the public about the matters concerned, they should give correct and clear answers. Thus the act of asking questions and giving answers should be included as a basic principle for the parliamentary meetings.

In addition, if the visit of a head of a foreign nation coincides with the time the parliament is in session, he may deliver an address at the parliament. The detailed basic principle in connection with the implementation of the matter permitted by the Speaker of the Pyidaungsu Hluttaw should be laid down for there may be the task of making arrangements to deliver the address and for other issues that should be submitted to the Pyidaungsu Hluttaw to act with the approval of the Speaker of the Pyidaungsu Hluttaw.

I would like to suggest the delegates to discuss whether the following detailed basic principles in connection with the matters to be implemented at the Pyidaungsu Hluttaw should be adopted:

The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President

(b) Reading out and the recording the message sent by the President and other messages permitted by the Speaker

(d) Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw

(e) Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution

(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw

(g) Submitting proposals, and making discussions and decisions

(h) Asking questions and replying answers

(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

I will now explain the matter of holding special meetings and emergency sessions of the Pyidaungsu Hluttaw. Because of the unusual political, security, economic and social conditions, a country may have to call a special session or an emergency session of the Pyidaungsu Hluttaw. Thus, our nation too should have the right to call a special session or emergency session of the Pyidaungsu Hluttaw. I have already explained that the power to call a Pyidaungsu Hluttaw session should be vested in the Pyidaungsu Hluttaw Speaker. Likewise, the power to call a special session or an emergency session of the Pyidaungsu Hluttaw should also be entrusted to the Speaker.

Thus, the delegates should discuss whether a detailed basic principle “The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” should be adopted.

Whether the basic principle “The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw” should be adopted or not is to be discussed

YANGON, 14 Dec—The following is the presentation on clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles for legislation of Pyidaungsu Hluttaw to be included in judicial sector for formulating State Constitution by Vice-Chairman of the National Convention Convening Work Committee U Aye Maung at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The National Convention has already laid down the basic principles “The Head of State is the President of the Union . The President of the Pyidaungsu represents the nation. The President shall exercise the responsibilities and rights assigned and vested by the constitution and other laws”. According to the principles, the responsibilities and rights to be assigned to and vested will be included in the constitution and other laws.

The sub para 2 of the section 80 of the 1947 Constitution stated, “The President, after consultation with the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies, may make rules as to the procedure with respect to joint sittings of, and communications between the two Chambers. The bylaws to the procedures of the joint sitting of the two chambers were laid down. The Present shall summon the joint session by issuing a notification stating the time, venue and agenda of the meeting. Nothing can be discussed without the President’s approval except the matters contained in the notification.

The Article 51 of the 1974 Constitution stated, “The Council of State may summon a special or an emergency session of the Pyithu Hluttaw where necessary.”

The President, who is the Executive Head may face the occurrence of unusual situation in political, security, economic and social sectors of the state that needs emergency action. In such situations, the President should have the right to inform the Speaker of the Pyidaungsu Hluttaw to call a special session or an emergency session of the Pyidaungsu Hluttaw to take necessary action that requires submission to the Pyidaungsu Hluttaw.

Moreover, the President should also have the right to inform the Speaker about the calling of a special session or an emergency session of the Pyidaungsu Hluttaw to discuss and decide a bill he believes is a matter that needs immediate action for the people’s interest.

There may be a situation that requires the calling of the Pyidaungsu Hluttaw for the people’s interest in accord with the principle — the branches of State power, namely legislative power, executive power and judicial power are separated as much as possible and exert reciprocal control, check and balance among themselves. Hence, a detail basic principle — The Pyidaungsu Hluttaw Speaker shall call of a special session or an emergency session of the Pyidaungsu Hluttaw soonest if the President informs the Pyidaungsu Hluttaw Speaker of the matter concerning the call of a special session or an emergency session of the Pyidaungsu Hluttaw — should be laid down.

In this regard, delegates are suggested to consider whether a basic principle “The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a special session or an emergency session of the Pyidaungsu Hluttaw ” should be adopted as a detailed basic principle.

Now I will explain the matter concerning the demand made by the members to call the Pyidaungsu Hluttaw. We have already studied that in the constitutions of some world nations stating the number of MPs needed to call a parliament meeting. The constitutions of some other nations fix the number of MPs needed to call a parliament meeting at one fifth, one fourth, one third or two fifths of the total number of MPs. In my opinion, Pyidaungsu Hluttaw members should also have the constitutional right to call the Pyidaungsu Hluttaw. The number of Hluttaw members to call the Hluttaw should be neither too many nor too few. In my view, it will be appropriate if the number of Hluttaw members needed to call the Hluttaw is at fixed one fourth of the total.

Thus, the delegates should suggest whether the basic principle “The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw” should be adopted.

I will now explained the task of fixing the number of Hluttaw members required to call the Pyidaungsu Hluttaw. The sub para 2 of the section 69 of the 1947 Constitution stated, “The number of members necessary to constitute the quorum of either Chamber for the exercise of its powers shall be determined by its rules.” The rule 2 stated that the number of MPs required to call a joint sitting of the two chambers should be at least 100.

The Article 207 of the 1974 Constitution stated, “The number of people’s representatives which shall constitute the quorum at meetings of the Pyithu Hluttaw and the People’s Councils at different levels shall be 75 per cent of all the people’s representatives.”

Some world nations state the matter concerning the validity of the parliament meeting in the constitution, and others in the bylaws. Some countries prescribe that majority of the members must be present for the validity of a meeting, while some fix the quorum at one tenth, one fourth, or one third, of the total number.

But in our country the fixing of the quorum for validity of the Hluttaw meetings should be based on the number of members who can attend the meeting at any time or any situation. We should also weigh up the fact that the making of a decision by the Hluttaw should not be made by smaller number of Hluttaw members.

The quorum for the validity of a meeting should be based on the total number of the Pyidaungsu Hluttaw members. Only then we will be able to avoid the disputes resulting from the vacant posts of the members who have not been elected for various reasons, elected members who have not taken the oath, and the members who passed away.
There may be meetings that are postponed due to invalidity and that are extended for more days. Thus, the postponed meetings and the meeting continues for more days should be taken into account in fixing the quorum for the validity of a Pyidaungsu Hluttaw meeting.

First we will have to lay down a stipulation for the validity of the first day meeting of the Pyidaungsu Hluttaw. In my view it is appropriate to announce the first day meeting valid only if majority of members attend the meeting. If the first day meeting is invalid, the meeting will be postponed. The postponed meeting when convened again should be announced valid if one third of the members of the total number of members attend it. Only then we will be able to avoid delays caused due to postponement of invalid meetings.

Thus, the delegates should consider whether the following detailed basic principles should be adopted.

(a) “The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.

(b) “The meetings that are adjourned due to invalidity in accord with the sub para (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.”

The parliaments make decision after obtaining the approval of the members. In some parliaments the decisions are made with the approval of the members whose number is not less than three-fourths of the total and in others, one two-thirds of the vote of MPs. For normal matters, some parliaments make decisions with the approval over half of the number of total and others through the votes of the MPs.

According to the basic principles of the State structure, re-delineation of the territorial boundary of the Pyidaungsu needs votes of more than half of the total number of representatives of the Amyotha Hluttaw, votes of more half of the total number of representatives of the Pyithu Hluttaw, and votes of more than half of the number of representatives from the region or state involving the boundary concerned in the two Hluttaws. The opinion of the Pyidaungsu Hluttaw must be sought, if the respective chambers fail to receive required number of votes. The boundary re-delineation can be carried out only if three-fourths and upwards of the total number of the Pyidaungsu Hluttaw representatives assent.

A detailed basic principle says that if the boundary re-delineation of a region or state requires the decision of the Pyidaungsu Hluttaw, it needs three fourths and upwards of the total number of Pyidaungsu Hluttaw representatives.

There may be other cases which require the specific number of votes of the Pyidaungsu Hluttaw members for decisions. How the Pyidaungsu Hluttaw receive assent and votes for the matters to be carried out with the decision and confirmation of the Pyidaungsu Hluttaw, without specific conditions, should be prescribed.

The sub-section 1 of the section 69 of the 1947 Constitution stated, “All questions at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Constitution, be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.”

Majority of world nations accept the practice of making decisions on majority of votes. Thus, a detailed basic principle is required for the Pyidaungsu Hluttaw to make decisions based on majority of votes for the matters that are not prescribed in the constitution the number of votes needed for decisions.

The voting right of the Speaker of the Pyidaungsu Hluttaw should also be fixed. As it was stated in the 1947 constitution, it should be prescribed that normally the Speaker shall vote, he but shall have and exercise a casting vote in the case of an equality of votes.

Thus, the delegates should discuss whether the following detailed basic principles should be adopted:

(a) Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

The Pyidaungsu Hluttaw members have the duty to punctually attend the meetings. I will now discuss the action that will be taken against a member who is absent from the meetings without leave. Concerning the matter, the section 73 of the 1947 Constitution stated, “If for a period of thirty days a member of either Chamber is without permission of the Chamber absent from all meetings thereof, the Chamber may declare his seat vacant. Provided that in computing the said period of thirty days on account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.”

In the sub article (h) of the Article 35 of 1974 Constitution, it was stated that punctual attending of the Hluttaw meeting is the duty of Hluttaw representatives. The bylaw 94 of the Pyithu Hluttaw stated that if a representative could not attend a session on health grounds or other reasons, he should ask permission from the Chairman. The para 8 of the bylaw No 12 also said that if a representative failed to attend a session, the members of the panel should decide what action should be taken against him.

The constitutions of the world nations have the rules to terminate a representative from his seat if he is absent without permission for many consecutive days.

A Pyidaungsu Hluttaw member should ask permission for his failure to attend meeting for unavoidable conditions to the Speaker. The time fixed for a member to ask permission for the leave should be appropriate for him. At this age 15 days will be an appropriate time for him to ask permission for leave. Action will be taken against a member if he is absent from Pyidaungsu Hluttaw meetings for 15 consecutive days. In computing the said period of 15 days on account should be taken of any period during which the hluttaw is prorogued or is adjourned.

A Pyidaungsu Hluttaw member is also a member of the Pyithu Hluttaw or the Amyotha Hluttaw. Pyithu Hluttaw members and Amyotha Hluttaw members attending the Pyidaungsu Hluttaw meetings as Pyidaungsu Hluttaw members should observe the law, rbylaws and principles of the respective Hluttaws in addition to the law, bylaws and principles of the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw will not take any specific action against a member absent from the meeting for a number of consecutive days. If he is a Pyithu Hluttaw member he will face action according to the law and bylaws of the Pyithu Hluttaw, and if he is a Amyotha Hluttaw member, he will be punished according to the law and bylaws of the Amyotha Hluttaw.

Hence, delegates should discuss whether the detailed basic principle “If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned.” should be adopted.

For various reasons including the failure to hold the election in some regions, and the demise of the elected members, there may be vacant seats in the Pyithu Hluttaw and the Amyotha Hluttaw. Although there may be vacant seats, the Pyidaungsu Hluttaw should have the right to carry out its tasks for continued running of its functions.

In my view, there must be a detailed basic principle to protect the Pyidaungsu Hluttaw’s decisions and functions from some person who was not entitled to do so sat or vote or otherwise took part in the proceedings when his acts are discovered later.

The sub section 3 of the section 69 of the 1947 Constitution stated, “A Chamber or Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so voted or otherwise took part in the proceedings.”

Constitutions of some nations include the provision saying that a session will not be cancelled, if the acts of some person who was not entitled to do so sat or vote or took part in the proceedings are found later.

Thus, the delegates should discuss whether the detailed basic principle “Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or vote or took part in the proceedings are discovered later” to be adopted.

Whether the basic principle “The functions and the records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or the decisions of the Pyidaungsu Hluttaw shall not be published” should be adopted or not is to be discussed

YANGON, 14 Dec—The following is the presentation on clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles for legislation of Pyidaungsu Hluttaw to be included in judicial sector for formulating State Constitution by Secretary of the National Convention Convening Work Committee U Thaung Nyunt at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Constitutions of the world nations stipulate the provisions saying that the public should be informed of the discussions at the legislative assembly. In the global countries, the decisions excluding the decisions assumed by the hluttaw to be harmful to the national security, and decisions restricted by any law or the hluttaw itself are not issued.

I suppose that in our country, except from discussions and records that may endanger the national security and the matters and records that are restricted by any law or according to the hluttaw decisions, all the remaining matters and decisions should be issued for the public.

Hence, delegates should discuss whether the basic principle “The functions and the records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or the decisions of the Pyidaungsu Hluttaw shall not be published” should be adopted.

I have already explained in detail the distribution of legislative power for the Pyidaungsu Hluttaw that includes the Pyithu Hluttaw and the Amyotha Hluttaw concerning the detailed basic principles for sharing of the legislative power. In countries which have the central level assembly and the state level chamber, their constitutions separately state the legislative list compiled by the central level assembly and the legislative list compiled by the state level chamber. Thus, their constitutions include the stipulation saying that the parliament shall have power to make laws for the whole or any part of the nation.

The 1947 Constitution had two legislative lists — Union legislative list stating the matters within the legislation of the parliament, and state legislative list stating matters included in the legislation of the State Councils. The sub section 1 of the section 92 of the 1947 Constitution stated, “The Parliament shall have power to make laws for the whole or any part of the Union except in so for as such power is assigned by the next succeeding sub-section exclusively to the State Council.”

The future constitution will have the legislative power to make laws for the whole nation. But sometimes it will make laws that concern only the particular part of the Union .
In my view, a detailed basic principle “The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List” should be laid down.

The Pyithu Hluttaw and the Amyotha Hluttaw of the Pyidaungsu Hluttaw are two chambers with equal rights. They have the equal rights to approve a bill to be enacted as a law. If a bill concerning matters within the legislative power of the Pyidaungsu Hluttaw are approved by the Pyithu Hluttaw and the Amyotha Hluttaw, it should be presumed that the Pyidaungsu Hluttaw has approved the bill.

Thus, delegates should discuss whether the detailed basic principles

(a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List.

(b) If a bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.

I will now explain the issuance of rules and regulations, notifications, directives and procedures in connection with an enacted law.

The section 90 of the 1947 Constitution stated, “Provided that an Act of the Parliament may authorize any person or authority therein specified to make rules and regulations consonant with the Act and having the force of law, subject, however, to such rules and regulations being laid before each Chamber of Parliament at its next ensuring session and subject to annulment by a motion carried in both Chambers within a period of three months of their being so laid, without prejudice, however, to the validity of any action previously taken under the rules or regulations.”

The future constitution will need a provision saying that the laws enacted by the Pyidaungsu Hluttaw should authorize any person or authority specified to make rules and regulations, notifications, directives and procedures.

Thus, in enacting a law, and the authority to issue rules, regulation, notifications, directives and procedures concerning the law should be vested in the Union level organizations formed according to the new constitution. The authority to issue rules, regulations, directives and procedures should be entrusted to the respective organizations and administrative bodies.

The rules, regulation, notifications, directives and procedures in connection with a law should be consonant with the law. Normally, the legislative bodies observe the rules, regulations, notifications, directives and procedures to ascertain that they are consonant with the original law and the stipulations contained in the constitution. If a Hluttaw member points out at the hluttaw that the rules, regulations, directives or procedures should be annulled as the rules, regulations, directives or procedures are not consonant with the original law or the stipulations contained in the constitution, or presents the matter to the respective body for amendment. Usually the task of cancelling and making amendments are carried out by the legislative bodies. But the legislative bodies before making the decision exercise in accord with the policy which says that the decision should be without prejudice, however, to the validity of any action previously taken under the rules, regulations, directives or procedures.

The right to annul and amend the rules, regulations, directives or procedures if they are not consonant with the stipulations contained in the Constitution and the original law should be vested in the Pyidaungsu Hluttaw. The authority to do so should be entrusted to the Pyithu Hluttaw and the Amyotha Hluttaw. If the two hluttaws decide to annul or amend any one the rules, regulation, directives and procedures, it should be regarded as the Pyidaungsu Hluttaw’s act. If there is disagreement between the two hluttaws concerning the matter they should present it to the Pyidaungsu Hluttaw for decision.

There should also be a stipulation to ensure that the decision should be without prejudice, however, to the validity of any action previously taken under the rules, regulations, directives or procedures.

Thus, concerning the above mentioned matter, delegates should discuss whether the following detailed basic principles should be adopted.

(a) When the Pyidaungsu Hluttaw enacts a law, it may —

(1) entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution.

(2) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by an Act shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any one the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to annul or amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.

I will explain the responsibilities that the Pyidaungsu Hluttaw should have in the matters concerning the task of participating in the international and regional organizations, and reaching agreements between the nations as well as regional and international agreements. Because of the developments of science & technology in economic, social and security sectors, world nations are extending closer relations among themselves, and countries from different regions are cooperating in economic, social and security fields for ensuring equality in all spheres. World nations are also striving for the world to perpetuate as a peaceful place. International bodies and regional organizations are also taking part in the task.

In this regard, a member nation of the international and regional organizations needs to become a signatory in the international and regional agreements due to the extent of its functions. In this age that is witnessing the rapid progress reaching all corners of the earth, nations may reach political, financial, economic, social, defence and security treaties. There may also be cases in which a nation withdraw from an organization if staying within the body endangers its interest.

According to my studies, as the matters of becoming a signatory of international and regional treaties and bilateral agreements and withdrawing from and cancelling a treaty or an agreement may have effects on the interest of the whole nation the task in connection of the matters should be carried out with the approval of the respective hluttaws rather than the President alone.

The section 213 of the 1947 Constitution stated, “Every international agreement to which the Union becomes a party shall be laid before the Parliament. No international agreement requiring or likely to require legislation in order to give effect thereto shall be ratified except with the approval of the Parliament. No international agreement involving a charge upon the revenues of the Union shall be ratified unless the terms of the agreement shall have been approved by the Chamber of Deputies.”

Explanation also said, “This section shall not apply to inter-governmental agreements or conventions of a technical or administrative character.”

The section 214 of the constitution stated, “No international agreement as such shall be part of the municipal law of the Union, save as may be determined by the Parliament.” According to my study, in our country the decisions concerning the agreements covering matters that require the State financial expense, and important treaties such as political, economic and defence agreements should be made only by the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw should transfer the power to the President in reaching agreements including friendship and cultural exchange agreements for work facilitation.

Concerning the matter, I would like to suggest the delegates to discuss whether the following two detailed basic principles should be adopted.

“The Pyidaungsu Hluttaw —

(a) shall give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

(b) may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, cancel and withdraw from them.”

I am now going to present the matters that requires the Pyidaungsu Hluttaw’s decisions, agreement and approval. The already-laid-down detailed basic principles of the National Convention say that if the need arises to re-delineate the territorial boundary of the Union or the territorial boundary of a region or a state, first the approval of Pyidaungsu Hluttaw shall be sought.

The Convention has already laid down the detailed basic principles saying, The President after seeking the approval of the Pyidaungsu Hluttaw shall

— designate and make amendments and addition to Union ministries

— fix, increase and reduce the number of Union ministers,

— assign the Union ministers

— assign the Union attorney-general

— assign the Union auditor-general

— assign the Union chief justice

— assigned the Union Supreme court judges.

Detailed basic principles should be laid down in the coming chapters to be discussed. If the detailed basic principles include the prescription to seek Pyidaungsu Hluttaw’s decision, approval and confirmation, the decisions at the Pyidaungsu Hluttaw should be made according to the prescriptions.

The President may issue the ordinance having the force of law if necessary for emergency matters such as national security, apart from budget matters during the period the Pyidaungsu Hluttaw is not in session. When the ordinance is submitted to the Pyidaungsu Hluttaw, it will have to decide whether to approve it or not. If the Pyidaungsu Hluttaw approves the ordinance if should fix its expiary date.

The sub section 2 of the section 110 of the 1947 Constitution stated, “Every such Ordinance shall be laid before both Chambers of Parliament within forty-five days from the date of promulgation thereof, unless it shall have been withdrawn earlier by the President, and shall cease to operate at the expiration of fifteen days from the re-assembly of the Chamber of Deputies or the Chamber of Nationalities, whichever is later:

“Provided that the President may, with the consent of both Chambers of Parliament, extend the Ordinance for such further period may be deemed necessary.”

Article 74 of the 1974 Constitution also stated, “The Council of State may make if necessary ordinance having the force of law, such orders shall be submitted for approval to the nearest session of the Pyithu Hluttaw, held within 90 days. If no session of the Pyithu Hluttaw is due within 90 days, after the promulgation of such orders, an emergency session of the Pyithu Hluttaw shall be convened and approval obtained. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.”

The constitution will stipulate the duration of time during which the ordinance issued by the President should be presented to the Pyidaungsu Hluttaw for approval. The ordinance should be presented to the nearest session of the Pyidaungsu Hluttaw during the time. If no session of the Pyidaungsu Hluttaw is due within the fixed time, after the promulgation of such orders, an emergency session of the Pyidaungsu Hluttaw should be convened and approval obtained according to the instruction of the President. If the Pyidaungsu Hluttaw approves the ordinance, the Pyidaungsu Hluttaw should also fix its expiary date.

Concerning the matter, the delegates should discuss whether the following detailed basic principle should be adopted:

(a) Matters that requires decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows:

(1) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

(2) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw meeting.

(3) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

(b) When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall

(1) pass a resolution to approve it or not.

(2) fix the further period to which the ordinance shall continue to be in force if the Pyidaungsu Hluttaw approves the ordinance.

(3) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

Presentations at NC to be published

YANGON, 14 Dec — Presentations made today by the National Convention Convening Work Committee Chairman Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung, Secretary U Thaung Nyunt, National Convention Convening Commission members Deputy Minister for Information U Thein Sein and Judge Dr Tin Aung Aye of the Supreme Court and National Convention Convening Work Committee member Judge U Tin Aye of the Supreme Court will be published.

Source (with pictures): http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_14Dec05.htm