PROCEEDINGS OF THE NATIONAL CONVENTION

22 December 2005

From The New Light of Myanmar 23 December 2005

The Plenary Meeting of the National Convention Continues (22-12-2005):

Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks

YANGON, 22 Dec— The following is the presentation on clarification made by National Convention Convening Work Committee Chairman on detailed basic principles for legislation of Region or State Hluttaw to be included in the judicial sector in formulating State Constitution by Vice-Chairman of the National Convention Convening Work Committee U Aye Maung at the plenary session of the National Convention held on 15 December at Nyaunghnapin Camp in Hmawby Township , Yangon Division.

I would like to explain the matter to fix the minimum number of Hluttaw members for validity of a session of Region or State Hluttaw.

With respect to the validity of Hluttaw sessions, I explained in respective sectors the matter to fix the minimum number of Hluttaw members for validity of sessions of the Pyithu Hluttaw and the Amyotha Hluttaw. When our nation was in practice of the parliament system under the 1947 Constitution, the quorum of members of parliament was fixed 40 for validity of the session of the Pyithu Hluttaw, the parliament of ethnic groups 25, and joint session of two Hluttaws 100. At the sessions of the Pyithu Hluttaw formed under the 1974 Constitution, the minimum number for validity was fixed 75 per cent of Hluttaw members. Among the nations where the minimum number of members is fixed for validity of a session of Hluttaw, some nations fix the majority as the minimum number of members for validity, some nations, one-tenth, one-fourth, or one-third respectively. It is found that the minimum number of members is fixed based on the situations of respective nations.

As I explained in the sectors of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw in respect of fixing the minimum number of Hluttaw members for validity of sessions of Region or State Hluttaws, it shall be based on the number of Hluttaw members who have the right to attend Hluttaw sessions. Only then, will it be possible to avert disputes over the point that the vacant seats that have not been filled due to various reasons, the seats for the members who have been elected but have not taken oaths, and the seats of the members who have passed away should be counted or not. In this regard, it shall meet the number possible at any time to attend, but it shall not be very low to avoid the situation in which a decision is made just with the votes of the minority of members.

Some Hluttaw sessions are adjourned due to invalidity. Some valid Hluttaw sessions have to be extended because the matters have to be under discussion for many days. So, it is required to take into consideration the situations of postponed sessions and extended sessions in fixing the sessions to be valid or not.

The matters for fixing the minimum number of Hluttaw members for validity of the first day session of Region or State Hluttaws should be considered first. The first day session of the Region or State Hluttaws shall be considered to be valid only if the majority of the members who have the right to attend the session are present.

If the first day session of region or sate Hluttaw is not valid, it shall be adjourned. The adjourned sessions and the valid sessions that are extended shall be presumed valid if at least one-third of the members of region or sate Hluttaws are present. Only then, will it be possible to avoid unnecessary delay of Hluttaw functions due to the fact that the session has to be adjourned many times because of invalidity.

So, with respect to fixing the minimum number of Hluttaw members for validity of the sessions of region and Hluttaws, discussions are to be held and suggestions to be made to decide the point that the detailed basic principle:

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

(b) The sessions that are adjourned due to invalidity in accordance with the sub-para (a) as well as the valid sessions that are extended are valid if at least one-third of the Hluttaw members, who have the right to attend a session of Region or State Hluttaw are present.”

should be adopted or not.

I would like to clarify the matters the Region or State Hluttaws have to decide through the poll of Hluttaw members.

I have explained in the section for the Pyidaungsu Hluttaw that in view of decisions made through the poll of the members at the Hluttaw, it is found that sometimes the validity is fixed based on the total number of members present at respective Hluttaws, and sometimes based on the number of the members who attend and voted at the Hluttaw session. In making an important decision, it is presumed valid if it wins the votes of not less than three-fourths of the Hluttaw members or the votes of less than the two-thirds of the Hluttaw members present. In making a normal decision, it is presumed valid if it wins the votes of more than half the total number of Hluttaw members or the votes of half the total number of Hluttaw members present.

I have also explained in this section that in adopting detailed basic principles for the nation-building sector by the National Convention, measures for re-delineation of the nation’s territorial boundary shall be taken only if it wins the votes of over half the members each of the Pyithu Hluttaw and the Amyotha Hluttaw, and the votes of over half the Hluttaw members from the region or state concerned. If this way is unsuccessful, the case shall be submitted to the Pyidaungsu Hluttaw. And the case shall go on only if it wins the votes of three-fourths of the Pyidaungsu Hluttaw members or above. Similarly, measures for re-delineation of the territorial boundary of a region or state shall be taken only if it wins the votes of over half the members each of the Pyidaungsu Hluttaw.

Such a principle is enacted specifically in the Constitution that it is required to win the votes of a certain number of Hluttaw members to handle such an important case. It is found that without adopting a specific principle, Hluttaws of many nations exercise a principle under which they make a decision with the votes of a majority of members present at the Hluttaw session in addressing such an important matter.

Sub-section (1) of Section (69) of the 1947 Constitution said that all questions at any sitting or joint sitting of the Chamber 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 matter of an equality of votes.

So, in making a decision in a matter for which there is no specific principle in the Constitution and that does not call for specific number of votes of the Region or State Hluttaws, it would be proper if a detailed basic principle is adopted that such a matter shall be decided through a majority of the members of the Region or State Hluttaws. As the Speakers of the Region or State Hluttaws are responsible for supervising the sessions of respective Hluttaws, save as otherwise provided by the 1947 Constitution, a principle shall be adopted that they shall not vote in the first instance, but shall have and exercise a casting vote in the matters of an equality of votes.

So, regarding the right of Speakers of the Region or State Hluttaws in making a decision for which there is no specific principle in the Constitution and that does not call for specific number of votes of Hluttaw members for decision, assent, and approval of the Region or State Hluttaws, discussions are to be held and proposals to be presented to decide the point that the detailed basic principle:

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

(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes.”should be adopted or not.

Now, I would like to deal with detailed basic principles to be adopted as regards the power of respective Hluttaws to take actions against members of the Region or State Hluttaws who are absent from a Hluttaw session.

Like members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, members of the Region or State Hluttaws shall attend the sessions of respective Hluttaws regularly. In my explanation on the sessions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, I made a detailed clarification that if Hluttaw members cannot attend a Hluttaw session due to other duty, illness, casual social affair, they shall ask Hluttaw for leave. Today, communication systems are rapidly advancing, so in the Union , one can make a contact to another person in a short time. If a Hluttaw member is absent without leave from a Hluttaw session for 15 days at a stretch, the Hluttaw concerned has the power to declare his seat vacant.

It shall be equality with the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw in computing absent days from a session of a member of Region or State Hluttaw. In computing 15 days of absence is just for a session of the Hluttaw concerned, and there shall be an exception that the period a Hluttaw is not in session for adjournment shall be excluded.

Regarding absence of members of the Region or State Hluttaw from a session of the Region or State Hluttaw, discussions are to be held and proposals to be put forward so as to decide the matter that a detailed basic principle:

“If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. In computing the said period of 15 days,, no account shall be taken of any period during which the session is prorogued, or is adjourned.”

should be adopted or not.

I would like to deal with the matters that Hluttaw proceedings shall go on despite vacant seats of members in the Region or State Hluttaws, and Hluttaw decisions shall be still valid even if it is exposed that a person who is not entitled attended a Hluttaw session and had participation in the Hluttaw functions.

In my clarification to sessions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, I explained that some seats for Hluttaw members may be vacant as elections are not available in some constituencies due to a reason. Moreover, in a term of a Hluttaw, there may be some vacancies owing to resignation and demise of some members. Despite vacant seats in the Hluttaws, respective Hluttaws shall have the power to carry on their duties and functions. Only then will Hluttaw functions be carried out regularly.

I also suggested that a detailed basic principle be adopted to be able to avert possible effects to the decisions and activities of the Hluttaws even if it is later discovered that an unqualified member accidentally elected or a person who is not entitled to attend a Hluttaw session sat, voted and took part in the Hluttaw functions.

The Region or State Hluttaws shall have equal rights with the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw. Hluttaw functions shall continue despite vacancies in a Region or State Hluttaw due to various reasons. A detailed basic principle shall be adopted that decisions and functions of a Region or State Hluttaw shall be still valid even if it is later discovered that a person who is not entitled sat, voted and took part in the Hluttaw functions.

So, with regard to the matter to enable the functions of the Hluttaw to go on despite some vacancies in the membership in the Region or State Hluttaws and to avert hindrance to the decisions and function of Hluttaws due to the fact that a person who is not entitled to attend the Hluttaw sat, voted and had participation in the functions of Hluttaws, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

“Although there are vacant seats, the Region or State 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 voted or took part in the proceedings are discovered later.”

should be adopted or not.

I would like to explain the fact that the people shall have the right to know the functions and records of the Region or State Hluttaws.

In my discussion about sessions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, I explained that the people shall have the right to know decisions and activities of Hluttaws. The region and state Hluttaws shall record their activities and let the people know them. However, there might be a restriction under a law that a certain function of the Region or State Hluttaws shall not be released. There also might be a restriction enforced by the Region or State Hluttaw not to issue an activity of the Hluttaw concerned due to a certain reason. Such a restriction under a law or a decision of Hluttaw shall be tackled in accord with the provisions and decisions of respective Hluttaws.

Concerning the right of the people to know activities and records of the region and state Hluttaws, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

“The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.”

should be adopted or not.

In my clarification to detailed basic principles to be adopted for the delegation of legislative power, I presented the matters of how to vest legislative power to the Pyidaungsu Hluttaw made up of the Pyithu Hluttaw and the Amyotha Hluttaw. Now, I would like to explain duties and authority of the region and state Hluttaws including sharing of legislative power.

In the Constitutions of some nations including Myanmar , legislative matters reliable to central level and state level legislative bodies are promulgated in the constitutions. Sub-section (2) of Section 92 of the 1947 Constitution said that each State Council shall have power exclusively to make laws for the State or any part thereof with respect to any of the matters enumerated in List II of the said Schedule (hereinafter called “the State Legislative List”).

The matters enacted by future region and state Hluttaws may cover entire region or state. Sometimes, an act shall be prescribed just to cover part of region or state rather than the entire region or state.

So, regarding the right of the Region or State Hluttaws to make laws, discussions are to be held and proposals to be submitted to decide the matter that the detailed basic principle:

“Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List.”

should be adopted or not.

Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions

YANGON, 22 Dec— The following is the presentation on clarification made by the National Convention Convening Work Committee Chairman on detailed basic principles for legislation of Region or State Hluttaws to be included in the legislative sector in formulating State Constitution by Secretary of the National Convention Convening Work Committee U Thaung Nyunt at the plenary session of the National Convention held on 15 December at Nyaunghnapin Camp in Hmawby Township , Yangon Division.

I would like to explain matters to vest power to enact law, rules, regulations, orders, directives and procedures in an act.

In my clarification to the sessions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, I explained there shall be a provision that a Union level body formed under the Constitution or respective authorities concerned shall, in promulgating an act, be invested a power to release bylaws, rules, regulations, orders, notifications, orders, directives, and procedures that are related to the act if necessary. These bylaws, rules, regulations, orders, notifications, orders, directives, and procedures shall be in conformity with the provisions of the Constitution, and the provisions of respective laws. In particular, if it is discovered a bylaw, rule or regulation prescribed under an act are not in conformity with the provisions of respective acts, there shall be a power to annul or amend such a bylaw, rule or regulation.

There shall be a provision in enacting a law in Region or State Hluttaws, a region or state level body formed under the Constitution, or the authoritative body concerned shall be invested a power to release related laws, rules, regulations, orders, notifications, orders, directives, and procedures. The Region or State Hluttaws shall also be invested with a power to dissolve or shall have respective bodies to amend the ones, that are not in conformity with respective provisions, among the laws, rules, regulations enacted under such an act.

There shall be region or state level, like the Union level, detailed basic principles in connection with the distribution of bylaws, rules or regulations prescribed under an act to Hluttaws members at the nearest regular session of Region or State Hluttaw under the permission of the Speaker to know whether such bylaws, rules or regulations are in conformity with the provisions of respective acts or not; the right of Hluttaw members to submit a proposal to the Hluttaw within 90 days from the date they received bylaws, rules or regulations to cancel or to have the body concerned to amend a bylaw, rule or regulation; and ensuring without adverse effects to the matters carried out in accord with such a bylaw, rule or regulation before dissolving or having the body concerned to make amendments to the bylaw, rule or regulation.

As to the vesting of power, in an act prescribed by Region or State Hluttaw, to release bylaws, rules, regulations, notifications, orders, directives and producers and to dissolve or to have the body concerned to make amendments to the bylaw, rule or regulation that is not in conformity with the Constitution or original act, discussions are to be held and proposals to be submitted to decide the matter that the detailed basic principle:

“(a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution.

(2) authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law.

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

(c) after issuing a bylaw, rules or regulations under the law enacted by Region or State Hluttaw, the organization concerned shall circulate the bylaw, rules or regulations to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangement permitted by the Hluttaw Speaker.

(d) If the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the by law, rules or regulations to Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by Region or State Hluttaw to annul or amend a bylaw, rules or regulations, the decision shall not affect however without prejudice to the validity of any action previously taken under the bylaw, rules or regulations.”

should be adopted or not.

I would like to explain matters to seek a decision or approval of Region or State Hluttaw. One of the detailed basic principles the plenary session of the National Convention has adopted said that Region or State Hluttaws shall seek an approval from respective Hluttaw members if it takes steps for re-demarcation of the territory of a region or state. Moreover, the detailed basic principles have been adopted that the President of the State shall seek an approval from the Region or State Hluttaw concerned for designating and chaining in region or state ministries, adding to the designated ministries, allocating, increasing and reducing the number of region or state ministers, appointing region or state chief minister, ministers, attorney-general, auditor-general, region or state chief-justices and court justices.

It is needed to lay down detailed basic principles to cover rules to seek decisions and approvals from Region or State Hluttaws in forthcoming sectors of the National Convention.

So, detailed basic principles shall be adopted that a Region or State Hluttaw shall discuss and decide the matters to seek decision, approval or affirmation of Region or State Hluttaws according to the provisions of the Constitution at an ongoing session of Region or State Hluttaw or the nearest session of Region or State Hluttaw.

In my explanation on convening sessions of Region or State Hluttaws, I suggested a detailed basic principle be adopted that in coordination and directives of region or state Chief Minister, the Speaker of Region or State Hluttaw shall convene a special or emergency Hluttaw session as soon as possible. And the Speaker of Hluttaw shall be invested with the power to convene a special or emergency session if necessary. A detailed basic principle shall be adopted to invest the Speaker of Region or State Hluttaw to convene a special or emergency session in the interests of the people when Region or State Hluttaw is not in session if there is a matter to be resolved urgently.

As to the matters to seek decisions or approval from Region or State Hluttaw, discussions are to be held and proposals to be presented to decide the point that the detailed basic principle:

“(a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows.

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

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session.

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

should be adopted or not.

The major task of Hluttaws is legislation. I would like to clarify submitting, discussing and approving of bills at a Region or State Hluttaw.

In my explanation on the submission of bills to the Pyidaungsu Hluttaw, I presented that the Union level organs formed under the Constitution have the right to submit, of the matters included in the Union Legislation List, bills on administrative measures the organs take themselves, to the Pyidaungsu Hluttaw in line with the procedures prescribed; and that national plans, annual budget and bills on taxation shall be submitted solely by the Union Government and shall be under discussion only at the Pyidaungsu Hluttaw.

Region and state level bodies formed under the Constitution shall, of the matters stated in the Region and State Legislative List, have the right to put forward bills on administrative matters to respective Hluttaws.

Region or state government knows well and can resolve the regional plans, annual budget and taxation matters administered solely by region or state government. So, region or state government shall have the right to solely submit the regional plans, annual budget and bills on taxation administered by region or state government in accord with the procedures prescribed. In this regard, procedures shall be prescribed in respective Hluttaw acts.

In respect of the right to present bills to Region or State Hluttaw, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

“(a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.

(b) Bills on region or state plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accordance with the prescribed provisions.”

should be adopted or not.

Members of Region or State Hluttaws shall have the power to submit bills to respective Hluttaws. The right to submit bills to Hluttaws is a privilege of members practiced parliaments of many nations.

I have presented that members of the Pyithu Hluttaw and the Amyotha Hluttaw shall be invested with power to submit bills to respective Hluttaws. Similarly, region and state Hluttaws shall have the power to submit bills to respective Hluttaws.

As a Region or State Legislative List will be included in the future Constitution, members of Region or State Hluttaws will have the right to submit only such kinds of bills related to the matters in the Region or State Legislative List. Respective governments shall be invested with the power to solely submit regional plans administered by Region or State Hluttaws, and annual budget and bills on taxation of Region or State Hluttaws. Except the matters to be solely submitted by region or state governments, members of Region or State Hluttaws shall have the power to submit the bills pertaining to the remaining matters. Procedures and rules to submit bills to Region or State Hluttaws shall be enacted in Region or State Hluttaw laws.

So, regarding the right of members of Region or State Hluttaws to submit bills, discussions are to be held and proposals to be presented to decide the point that the detailed basic principle:

“Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.”

should be adopted or not.

I have explained the detailed basic principles on taxation, financial allocation, and formation of a financial commission in the Union , regions, and states. I also in detail explained matters on incomes and taxes levied by respective region or state governments to be paid to the funds of respective Region or State Hluttaws. And region or state governments shall have the power to spend respective region or state’s incomes and funds of taxes in line with the laws, and the right to coordinate with Union government to obtain cash assistance and loans from the funds of the Union if their funds do not cover tasks for the development of regions or states; and financial commissions shall be formed with region or state Chief Ministers as members for coordination.

The Union , region and state governments will have to take time in making arrangements for submission of bills on financial allotments for a financial year. Region or state governments shall, according to the coordination at the financial committee, report to respective Region or State Hluttaws on region or state’s targeted incomes including cash assistance for the region or state funds, and targeted budget including region or state’s targeted expenditure for regional plans to be implemented in respective region or state. In the process, the reports of region or state governments shall be under discussion at Region or State Hluttaws to make decisions. Based on the decisions of Region or State Hluttaws, region or state governments will have to report to the Union government to obtain cash assistance and loans from the Union funds, and to submit bills on regional plans, annual budget and taxation to respective Region or State Hluttaws.

Procedures on drawing and budget to Hluttaws shall be prescribed in respective Region or State Hluttaws.

As regards submission of region or state’s budget to Hluttaws, and making decisions by Hluttaws, discussions are to be held and proposals to be presented to decide the point that the detailed basic principle:

“Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.”

should be adopted or not.

I would like to explain declaration of bills approved by Region or State Hluttaws as laws.

It is found that in union nations, bills approved by respective Hluttaws are declared as laws under the signature of the governors of respective states.

One of the detailed basic principles for State Structure adopted by the National Convention said that the State is constituted by Pyidaungsu ( Union ) system. In the detailed basic principles it is said that the three 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; the three branches of State power, so separated are distributed among Pyidaungsu ( Union ), region, states and self-administered areas. And in the detailed basic principles on legislative, it is said that the legislative powers of the State are distributed among Pyidaungsu Hluttaw, region Hluttaw and state Hluttaw; legislative power prescribed by the Constitution is distributed to self-administered areas.

On the basis of these detailed basic principles, the chief minister, also administrative head of region or state shall be invested with the power to declare as laws the bills approved by respective Region or State Hluttaws regarding the matters on the Region or State Legislative List; and the power to declare as laws the bills approved by Self-Administered Divisions or Self-Administered Zones according to the power to enact laws in the Constitution. So, a detailed basic principle shall be adopted to declare as laws the bills approved by respective Region or State Hluttaws and Self-Administered Divisions or Self-Administered Zones under the signature of the chief minister, also administrative head of region or state.

In the process, it is needed to fix an appropriate occasion to declare bills as laws under the signature of the chief minister. In connection with the bills approved at Region or State Hluttaws, members of the government body including the chief minister have been invested with the power to clarify and discuss the bills submitted by region or state government. The chief minister has also had the power to discuss the bills submitted by Region or State Hluttaw members.

So, it is not necessary to distribute the power to the chief minister to send his comments on the bills to the Hluttaws when the bills approved by Region or State Hluttaws are submitted to the chief minister. It would be proper if Region or State Hluttaw submits the approved bills to the chief minister for his approval, the bills shall be declared as laws under the signature of the chief minister within seven days from the date he receives them.

Self-administered areas shall enact as laws the matters under the power to enact laws entrusted by the Constitution to self-administered areas. In the process, chairmen of region or state governing bodies who will serve as ministers in the region or state governments shall deal with the bills in advance in coordination with the region or state chief minister. After approval of the governing body, if the chief minister presumes that it is still needed to make an amendment to the bills, he will have the power to further coordinate with the chairman of the governing body, also minister of the self-administered area concerned. So, it would be convenient if a couple of weeks is fixed a sufficient period during which the bills, approved and sent by self-administered division or self-administered region to the chief minister, shall be enacted as laws under the signature of the chief minister.

As I presented in the matters on Union bills, even though chief minister fails to ratify the bills in a fixed time, the bills shall be a law on the date after the expiry of the period as if chief minister ratified the bills.

A detailed basic principle shall be adopted that such laws shall be declared in the Union Gazette for the public information.

In my clarification to legislative functions, I explained that after being enacted by a legislative body, an act shall be declared for public information; that in doing so, it is stated in the daily newspapers as well as Union Gazette; that a declared law shall come into force not just for public information but for abiding by it. So, such a law shall come into force from the date of declaration.

After a bill approved by Region or State Hluttaw is enacted, it shall come into force in the region or state. As it is stated as a detailed basic principle in the legislative functions of the Pyidaungsu Hluttaw, it should be stated in the legislative functions of the Region or State Hluttaw a law shall come into force from the date of declaration.

Regarding the declaration of bills as a law approved by Region or State Hluttaw and governing bodies of self-administered divisions and self-administered region under the signature of chief minister, and the date such a law comes into force, discussions are to be held and suggestions to be made to assess the fact that the detailed basic principle:

“(a) The Region or State Chief Minister shall

(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it as a law, within 14 days after receiving it.

(b) Although the Region or State Chief Minister does not sign the bill and promulgate it as a law with the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.

(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the Union Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention are expressed.”

should be adopted or not.

The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged

YANGON, 22 Dec— The following is the presentation on clarification made by the National Convention Convening Work Committee Chairman on detailed basic principles for legislation of Region or State Hluttaws to be included in the legislative sector in formulating State Constitution by Member of the National Convention Convening Commission Deputy Minister for Information U Thein Sein at the plenary session of the National Convention held on 15 December at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

In my clarification to legislative functions of the Pyidaungsu Hluttaw, I explained that members representing a Union level body formed under the Constitution shall have the power to submit a bill to the Pyidaungsu Hluttaw; that it shall be the power to submit the matters, prescribed in the Constitution, that are to be resolved in accordance with the decision and approval of the Pyidaungsu Hluttaw to seek the decision and approval of the Pyidaungsu Hluttaw; and that members representing a Union level body formed under the Constitution shall have the power to submit the bills and matters related to their body, to the Pyidaungsu Hluttaw under the permission of the Speaker of the Pyidaungsu Hluttaw. I also explained so in the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.

Regarding the bills and matters related to the organs at region or state level formed under the Constitution, members representing respective bodies shall have the right to attend and hold discussions under the permission of the Speaker of Region or State Hluttaw at the sessions of Region or State Hluttaws.

According to the detailed basic principles adopted for the formation of executive and judiciary, some ministers of region or state government may not be Hluttaw members. A detailed basic principle has been adopted that the attorney-general, auditor-general, chief court justice and justices shall not be Hluttaw members. So, a principle should be adopted that a member representing a region or state level body formed under the Constitution, even if he was not a Hluttaw member, shall have the right to have participation in the discussions at Region or State Hluttaw.

Therefore, regarding the right of a member representing a region or state level body formed under the Constitution to have participation in the discussions at Region or State Hluttaw, discussions are to be held and proposals to be submitted to assess the point that the detailed basic principle:

“(a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions.

(b) Of the members of a region or state level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of Hluttaw Speaker shall have the right of discussing concerning bills or matters related to their organizations.”

should be adopted or not.

I would like to explain matters for laying down detailed basic principles with regard to duties and powers of a Region or State Hluttaw Speaker.

The heads of Hluttaws are mainly responsible for functions of Hluttaw sessions and supervising Hluttaw sessions. So, the duty to supervise Hluttaw sessions should be part of the duties and powers of Region or State Hluttaw Speakers.

In my explanation on Region or State Hluttaw sessions, I suggested that speeches delivered at Region or State Hluttaws by the President of the State be put on record. The Speaker of Region or State Hluttaw shall invite the President, also the head of the State if the latter informs him of his desire to address a Region or State Hluttaw session.

If the region or state chief minister, also the head of region or state government informs that he wishes to deliver a speech at a session of Region or State Hluttaw, the Speaker of Region or State Hluttaw shall make arrangements for the chief minister to deliver a speech. So, a detailed basic principle should be adopted that if the chief minister of region or state government informs, the Speaker of Region or State Hluttaw shall make arrangements for the chief minister to deliver a speech in the session.

Discussions are held at Region or State Hluttaw to enact laws like at the Pyidaungsu Hluttaw. Likewise, there might be many matters that needs discussions on policies and activities of region or state government and situations of Region or State Hluttaw. A matter that is under discussion and under way at Region or State Hluttaw may be related to the matters for which a region or state level organ formed under the Constitution have to take responsibility. In this regard, the Speaker of Region or State Hluttaw shall, if he presumes it will enhance the interests of the people, have the right to invite a member or a person representing a region or state level body to a session of the Region or State Hluttaw to make clarification at the Region or State Hluttaw.

In my clarification to sessions of Region or State Hluttaw, and submission and approving of bills, I explained some of the duties and powers of Hluttaw Speaker. There may be matters on duties and powers of Hluttaw Speaker in the forthcoming discussions alongside in the laws enacted by Region or State Hluttaw. A detailed basic principle should be adopted that the Speaker of Hluttaw shall resolve duties and powers entrusted under the Constitution or a law.

So, regarding the duties and powers of the Speaker of Region or State Hluttaw, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

“The Speaker of Region or State Hluttaw shall—

(a) supervise Region or State Hluttaw sessions.

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session.

(d) have the right, if necessary, to invite members or persons of region or state level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion.

(e) perform other duties and responsibilities entrusted by the Constitution or a law.”

should be adopted or not.

I would like to explain the matters related to powers of members of Region or State Hluttaw.

One of the detailed basic principles adopted by the National Convention for the Legislative Formation said that duties, powers and privileges of members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw shall be prescribed under a law. The points I am going to present are aimed at adopting detailed basic principles in prescribing duties, powers and privileges of members of Region or State Hluttaw under a law.

I have already explained the matters related to the privileges of members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw.

Like members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, members of region and state Hluttaw should have similar privileges. Subject to the provisions of the Constitution and Hluttaw Act, members of region and state Hluttaws shall have the freedom of speech and voting at respective Hluttaws, and committees and bodies formed by themselves. It should be a principle that action shall be taken against a member under region or state Hluttaw Act not under other laws if action is necessary regarding discussions and functions at the Hluttaw committees and bodies.

A member or a person representing a region or state level body formed under the Constitution who is attending, under the permission or invitation of the Hluttaw Speaker, a region or state Hluttaw session for ongoing discussions and matters shall have similar privileges. In enjoying such a privilege, respective members and persons should refrain from committing physical assault in order not to tarnish the prestige of the Hluttaw. Action should be taken in accord with the laws against a member who commits physical assault.

Regarding the matter that, subject to the provisions of the Constitution and Region and State Hluttaw Act, members of region and state Hluttaws shall have the freedom of speech and voting at respective Hluttaws, and the persons who are permitted or invited to Region or State Hluttaw session shall have the freedom of speech at respective Hluttaws, discussions are to be held and proposals to be submitted to decide the point that the principle:

“(a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions , a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(b) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members or persons who are permitted or invited to attend Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.”

should be adopted or not.

In my discussions on the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw, I clarified the procedures to be carried out when need arises to arrest Hluttaw members attending Hluttaw session and persons attending a session under the permission and invitation of Hluttaw Speaker or Speaker, rules to be followed when need arises to arrest members attending a session of Hluttaw committee, commission, or body, and the procedures to be carried out to arrest a Hluttaw member when Hluttaw, Hluttaw committee, commission, and body are not in session.

Referring the provisions of the 1974 Constitution and the traditions being exercised in world nations, I have explained that in a matter in which a prompt action needs to be taken against under a law a Hluttaw member attending a Hluttaw session, by grappling with such a matter only after seeking the permission of the Hluttaw Speaker, the Hluttaw session will continue with prestige and systematization; that prior approval of Hluttaw Speaker shall be sought through heads of respective bodies when the committees and bodies under the Pyithu Hluttaw and the Amyotha Hluttaw are in session; and that reliable evidences in support thereof shall be submitted to the Hluttaw Speaker concerned as soon as possible if any Hluttaw member is arrested while sessions are not being held. Similar privileges should also be practiced in Region or State Hluttaws.

So, regarding the procedures to arrest members of Region or State Hluttaw, or committee or body formed by Region or State Hluttaw under a law if action is necessary, discussions are to be held and proposals to be submitted to decide the point that the principle:

“(a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or an organization formed by the Region or State Hluttaw attending a session of the committee or organization, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or organization concerned. He shall not be arrested without prior permission of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of Region or State Hluttaw or committee or organization formed by the Hluttaw while the Hluttaw or the committee or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.”

should be adopted or not.

I would like to explain matters on reports, documents and Hluttaw records published and distributed by the Region or State Hluttaw and the Amyotha Hluttaw.

It is found that a privilege of exemption from being arrested is prescribed in the Constitution of many world nations as a privilege of Hluttaws with respect to reports, documents and records published and distributed by or under the permission of Region or State Hluttaw. Such a privilege is also promulgated in Sub-section (1) of Section (68) of the 1947 Constitution of our nation. A similar privilege should be prescribed in respect of records published and distributed by or under the permission of Region or State Hluttaw.

So, regarding the reports, publications and Hluttaw records published and distributed by or under the permission of Region or State Hluttaw, discussions are to be held and proposals to be submitted to decide the point that the principle:

“The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.”

should be adopted or not.

Detailed basic principles for the chapter ‘Tatmadaw’ and the chapter ‘Citizens and their fundamental rights & duties’ will be presented

YANGON, 22 Dec— The following is the presentation on clarification made by the National Convention Convening Work Committee Chairman on detailed basic principles for legislation of Region or State Hluttaws to be included in the legislative sector in formulating State Constitution by Member of the National Convention Convening Commission Supreme Court Judge Dr Tin Aung Aye at the plenary session of the National Convention held on 15 December at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Based on the findings and reviews I have clarified, I would like to present the detailed basic principles as a whole that shall be adopted regarding the proceedings for the legislative functions of the Region or State Hluttaw that are to be included in the legislation of the Constitution as follows:—

“1. (a) The day the term of Region or State Hluttaw comes into force is that of the Pyithu Hluttaw.

(b) The first regular session of Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw.

2. (a) The State Peace and Development Council shall convene the first regular session of Region or State Hluttaws after the Constitution has come into force.

(b) The Speaker of Region or State Hluttaw who continues to perform his duties

in accordance with the provisions of the Constitution shall convene the first regular session for the next terms of Region or State Hluttaw.

3. (a) Members of Region or State Hluttaws shall take oaths before the chairman of Region or State Hluttaw at the first regular session of Region or State Hluttaw.

(b) Members of Region or State Hluttaw who have not taken oaths, shall take oath before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend.

4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5. The following matters are carried out at the session of the Region or State Hluttaw:

(a) Recording the address delivered by the Union President.

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

(d) Submitting, discussing and making decision on a bill.

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accordance with provisions of the Constitution and the existing laws.

(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw.

(g) Submitting proposals, holding discussions and making decisions.

(h) Raising questions and giving replies.

(i) Implementing matters permitted by Speaker of Region or State Hluttaw.

6. (a) Speaker of respective Region or State Hluttaw can convene special session or emergency session of Region or State Hluttaws if necessary.

(b) Speaker of respective Region or State Hluttaw shall convene a special or emergency session of region or state as soon as possible when the Region or State Chief Minister informs to do so.

(c) Speaker of respective Region or State Hluttaws shall convene a special session of region or state as soon as possible if at least one-fourth of the Region or State Hluttaw members ask to convene it.

7. (a) The first day session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw, are present. The session if invalid shall be adjourned.

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

9. If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. In computing the said period of 15 days,, no account shall be taken of any period during which the session is prorogued, or is adjourned.

10. Although there are vacant seats, the Region or State 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 voted or took part in the proceedings are discovered later.

11. The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.

12. Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List.

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution.

(2) authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law.

14. (a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows:

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

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session.

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

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.

17. Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.

18. (a) The Region or State Chief Minister shall

(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it as a law, within 14 days after receiving it.

19. (a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions.

20. The Speaker of Region or State Hluttaw shall—

(a) supervise Region or State Hluttaw sessions.

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session.

(e) perform other duties and responsibilities entrusted by the Constitution or a law.

21. (a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions , a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.”

I would like to urge the delegates to hold discussions and submit proposals to decide whether the detailed basic principles I have presented shall be adopted or not, regarding the legislation of the Region or State Hluttaw.

Now, detailed basic principles for formation and delegation of the three branches of State power, namely legislative power, executive power and judicial power have been adopted. I have explained the proceedings related to the legislation. So, I would like you to submit proposals first for the proceedings related to the legislation in order to complete legislative, executive and judicial chapters.

When I have had your proposals, I will present the findings of the National Convention Convening Work Committee regarding detailed basic principles for the chapter ‘Tatmadaw’ and the chapter ‘Citizens and their fundamental rights & duties’.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_22Dec05.htm