PROCEEDINGS OF THE NATIONAL CONVENTION

3 January 2006

From The New Light of Myanmar 4 January 2006

The Plenary Meeting of National Convention Continues

Delegate group of representatives-elect submits suggestions on detailed  basic principles to Plenary Session of National Convention

YANGON, 3 Jan — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township , Yangon Division, 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 Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the respective sub-committees, delegates of National Unity Party, Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity 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.

U Tun Yin Law of Delegate Group of Political Parties presided over the Plenary Session of the National Convention, together with Dr Paik Tin of National Convention Convening Work Committee, U San Tha Aung of Delegate Group of Representatives-elect, U Mann Ohn Maung of Delegate Group of National Races, U Sai Tint Aung of Delegate Group of Peasants, U Kyaw Myo Win of Delegate Group of Workers, U Hla Myint of Delegate Group of Intellectual and Intelligentsia, U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of Other Invited Persons.

Director (Meeting) U Than Aung of the National Convention Convening Work Committee Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-master of ceremonies.

The MC announced the validity of the meeting as 1,071 delegates out of 1,080 were present, accounting for 99.17 per cent.

Delegates to the National Convention submitted their proposals on detailed basic principles to be laid down for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw.

First, Representative-elect of the Bago Division, Pyu Township Constituency-1 U Maung Ohn of National Unity Party said that the proposals of the representatives-elect of the party for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw, and Region or State Hluttaws were the same as the suggestions made by the party and presented to the plenary session yesterday by the representative of the party and thus to save the time he would not submit it again. He presented the proposals of representatives-elect of the party to the chairman.

Next, U Maung Pain (a) U Khin Maung Thein of Mro (or) Khami National Solidarity Organization said that the proposals of the representatives-elect of the organization for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw, and Region or State Hluttaws were to be presented by the Representative-elect of Rakhine State, Kyauktaw Township, Constituency-2 U San Tha Aung but he was included as a member in the Panel of Chairmen. Thus, U Maung Pain (a) U Khin Maung Thein said that he would submit the proposals on behalf of U San Tha Aung but the proposals were the same as the suggestions made by the organization and presented to the plenary session yesterday by the representative of the organization and thus to save the time he would not submit it again. Next, he presented the proposals of representatives-elect of the organization to the chairman.

Afterwards, the proposals of the six representatives-elect — Representatives-elect U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Min-galadon Township constituency-1 and U Tin Tun Maung of Minga-ladon Township constituency-2— were presented to the plenary session in four parts. First, U Kyi Win of Mingaladon Township constituency-1 submitted the proposals.

(The presentation will be reported.)

Next, U Thein Kyi of Taungdwingyi Township constituency-1 presented the proposals.

(The presentation will be reported.)

The Plenary Session of the National Convention went into recess.

When the Plenary Session of the National Convention resumed U Tin Tun Maung of Mingaladon Township constituency-2 presented the proposals.

(The presentation will be reported.)

Next, U Tin Win of Kyaiklat Township constituency-2 presented the proposals.

(The presentation will be reported.)

The Plenary Session of the National Convention adjourned at 11.45 am. The Plenary Session of the National Convention continues on 5 January at 9 am.

Professor Mr Robert H Taylor, a researcher on Myanmar Affairs of Britain, this morning observed the Plenary Session of the National Convention being held in Nyaunghnapin Camp in Hmawby Township , Yangon Division.

Before the plenary session, Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein, Vice-Chairman Minister for Electric Power Maj-Gen Tin Htut, Chairman of the National Convention Convening Work Committee U Aung Toe and commission members and work committee members cordially greeted Mr Taylor at the Pyidaungsu Hall.

Secretary of the National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan presented documentary books on development in education, health, agriculture, livestock breeding, forestry and transport sectors in the time of the State Peace and Development Council— the Tatmadaw government— and collected articles to Mr Taylar.

Afterwards, Mr Taylor observed the holding of the National Convention. During the break of the Plenary Session of the National Convention, delegates greeted Mr Taylor. Next, the NCCC hosted a luncheon to the guest at the Anawrahta Hall of the Nyaunghna-pin Camp. After viewing round the Nyaunghnapin Camp, the researcher on Myanmar Affairs left the camp at 10.30 am.

Para 1 to 28 of the Pyidaungsu Hluttaw, para 1 to 19 of the Pyithu Hluttaw and Amyotha Hluttaw and para 1 to 23 of the Region or State Hluttaw should be laid down

YANGON, 3 Jan — The following is a translation of the discussions submitted to the plenary session of the National Convention by the Lahu National Development Party regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution read out by U Kya Shi of the Lahu National Development Party of the delegate group of the political parties on 2 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The Chairman of the National Convention Convening Work Committee explained in detail and broadly the detailed basic principles for the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw at the plenary session of the National Convention from 13 to 15 December 2005. In explaining the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw, of the legislative functions of the Pyidaungsu Hluttaw, the Chairman of the Work Committee discussed matters on the adoption of the detailed basic principles for the convening of regular sessions of the Pyidaungsu Hluttaw. One of the detailed basic principles adopted by the National Convention for the legislative formation said that the Pyidaungsu Hluttaw is made up of the Pyithu Hluttaw and the Amyotha Hluttaw.

Regarding the convening of the first regular session of the Pyidaungsu Hluttaw, the National Convention adopted a detailed basic principle that the first regular session of the Pyidaungsu Hluttaw shall be convened within 15 days from the date of the first session of the Pyithu Hluttaw, and the Speaker of the Pyidaungsu Hluttaw shall convene the session of the Pyidaungsu Hluttaw.

The laying down of the detailed basic principle that the Speaker of the Pyidaungsu Hluttaw shall convene regular session at least once a year and interval between two sessions shall not exceed 12 months explained by the explanation the Chairman of the National Convention Convening Work Committee regarding the number of the regular sessions of the Pyidaungsu Hluttaw to be held at least in a year is reasonable and proper. So, I would like to suggest this detailed basic principle be adopted.

He also clarified the functions of the Pyidaungsu Hluttaw to be carried out at the sessions of the Pyidaungsu Hluttaw. In this regard, the Work Committee Chairman said that these points are picked out from the constitutions of the world nations, the 1947 Constitution and the 1974 Constitution, and they will be in conformity with the situations of the future nation. And, regarding the carrying out of the functions of the Pyidaungsu Hluttaw while it is in session, the points from para (a) to para (j) of No (3) will be in conformity with the future situations, and so they should be adopted.

I would like to present matters on the convening of a special session of the Pyidaungsu Hluttaw. A nation can face salient situations in the political, security, economic and social aspects, so emergency sessions should be summoned. A detailed basic principle has been laid down that the power to convene an emergency session when such a situation arises in our nation, should be vested in the Speaker of the Pyidaungsu Hluttaw. So, regarding the convening of a special or emergency session of the Pyidaungsu Hluttaw, the detailed basic principle — the Speaker of the Pyidaungsu Hluttaw shall be vested with the power to convene a special or emergency session when necessary — should be adopted.

Regarding the Chapter “Head of State”, the National Convention has laid down a detailed basic principle that the Head of State is the State President. The President represents the State. The President shall carry out and exercise the duties and rights entrusted by the Constitution and other laws.

So, a detailed basic principle — if informed by the President to convene a session regarding the convening of a special or emergency session, the Speaker of the Pyidaungsu Hluttaw shall convene a special or emergency session as soon as possible — should be adopted.

In view of the constitutions of some nations, the number is fixed one-fifth, one-fourth, one-third or two-fifths based on the situation of the nation concerned. A State Constitution is necessary for our nation to convene a session of the Pyidaungsu Hluttaw. A detailed basic principle — the Nayaka of the Pyidaungsu Hluttaw shall convene a special session as soon as possible if one-fourth of all the members of the Hluttaw so requisition — should be adopted.

The points carried in paras (a) and (b) of No (7) of the explanations of the Work Committee Chairman as to whether a session of the Pyidaungsu Hluttaw is valid or not, can benefit the State and the people, so they should be adopted.

The National Convention Convening Work Committee Chairman on 13 December 2005 explained broadly and in detail matters to be decided by the Pyidaungsu Hluttaw, or through voting of the members of the Pyidaungsu Hluttaw, and the right of the Speaker of the Pyidaungsu Hluttaw to cast the winning vote.

The paras (a) and (b) of No (8) from the explanation should be adopted as a detailed basic principle.

And, the National Convention Convening Work Committee Chairman broadly presented matters relating to members of the Pyidaungsu Hluttaw who are absent from a session without the permission of the Pyidaungsu Hluttaw for many days successively, the functions of the Pyidaungsu Hluttaw could be carried out even if there were some vacant seats for Hluttaw members in the Pyidaungsu Hluttaw, the resolutions of the session of the Pyidaungsu Hluttaw will not be abrogated even if a person who is not entitled to attend a Hluttaw session attended the session of the Pyidaungsu Hluttaw, the issuing of the activities and records of the Pyidaungsu Hluttaw for public information. These points should be adopted as a detailed basic principle.

Regarding the power of the Pyidaungsu Hluttaw to enact a law, the National Convention Convening Work Committee Chairman suggested that the points laid down in the paras (a) and (b) of No (12) be adopted as a detailed basic principle. And he explained matters relating to the rights to issue a bylaw, rule, regulation, notification, orders, directive and procedure in a law prescribed by the Pyidaungsu Hluttaw, and the powers to revoke and amend a bylaw, rule or regulation if it is not in conformity with the Constitution or the law. So, from para (a) to (e) of basic principle No 13 explained by the Work Committee Chairman should be adopted.

And it is found that the explanation of the Work Committee Chairman regarding the participation of the Union of Myanmar in international and regional organizations and singing international, regional and bilateral treaties are proper. So, the points carried by paras (a) and (b) of basic principle No (14) should be adopted. The Work Committee Chairman made a complete explanation on the matters to seek a decision, matters that should be resolved with the approval, and matters that need the approval of the Pyidaungsu Hluttaw, referring the 1947 Constitution and the 1974 Constitution. So, the points carried in paras (a) and (b) of basic principle No (15) should be adopted. The major task of the Hluttaws is the enactment of legislation. The explanations of the Work Committee Chairman regarding the submission of bills to the Pyidaungsu Hluttaw are very specific and complete, and I have no further suggestions to that. So, paras (a) and (b) of basic principle No (16) should be adopted.

I would like to make suggestions that matters to vest the right in the bodies formed under the Constitution to discuss the bills, except the bill the Constitution prescribes to be discussed and decided only in the Pyidaungsu Hluttaw, that are initiated to the Pyidaungsu Hluttaw, in the Pyithu Hluttaw or the Amyotha Hluttaw, methods to be resolved if need arises to scrutinize a bill that will be discussed and decided only in the Pyidaungsu Hluttaw, and seeking a decision of the Pyidaungsu Hluttaw when there is a disagreement on a bill between the Pyithu Hluttaw and the Amyotha Hluttaw, should be adopted as explained by the Work Committee Chairman. And I would also like to suggest that regarding the submitting of the bills approved by the Pyidaungsu Hluttaw and the bills that shall be presumed as if they had been approved under the signature of the President, paras (a) and (b) of basic principle (20) explained by the Work Committee Chairman should be adopted.

Para (a) to para (c) of basic principle (21) the Work Committee explained regarding the right of the Pyidaungsu Hluttaw to handle the bill that the President sends back to the Pyidaungsu Hluttaw together with his comments, and the promulgation of the bill by the President when the Pyidaungsu Hluttaw, after discussing it, sends back the bill to the President, should be adopted. Regarding the duties and rights of the Speaker of the Pyidaungsu Hluttaw, if the Head of State as well as the President who represents the State informs him of his desire to address the Pyidaungsu Hluttaw, the Pyidaungsu Hluttaw Speaker shall invite the President. Such points should be adopted as a detailed basic principle. In this regard, the explanations of the Work Committee Chairman are proper, and paras (a) to (d) of No (24) should be adopted as a detailed basic principle. The points the Work Committee Chairman explained in paras (a) to (c) of basic principle (26) that subject to the provisions stipulated in the constitution of the Pyidaungsu Hluttaw, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee, subject to the Constitution and the provisions stipulated in the laws of the Pyidaungsu Hluttaw, the persons invited to a session of the Pyidaungsu Hluttaw formed under the Constitution shall have the freedom of speech at the Pyidaungsu Hluttaw, should be adopted as a detailed basic principle.

A detailed basic principle that if need arises to arrest a member of the Pyidaungsu Hluttaw while it is in session, reliable evidence in support of such need shall be produced before the Speaker of the Pyidaungsu Hluttaw, and he shall be under arrest only with the prior approval of the Speaker of the Pyidaungsu Hluttaw should be adopted. In this regard, the National Convention Convening Work Committee explained a detailed basic principle laid down that if need arises to arrest a member of the Pyidaungsu Hluttaw while it is in session or a person attending that session with the permission or at the invitation of the Speaker of the Pyidaungsu Hluttaw, reliable evidence in support of such need shall be produced before the Speaker of the Pyidaungsu Hluttaw. and he shall not be arrested without the prior permission of the Pyidaungsu Hluttaw Speaker, is proper. Systematic maintenance of the records of the Pyidaungsu Hluttaw and issuing of the records for public information should be designated under the law. So, I would like to suggest that the detailed principle laid down that the reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged, is proper.

I would like to continue to hold discussions regarding a detailed basic principle that should be adopted for the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislation” in formulating the State Constitution. A detailed basic principle on the legislation of the National Convention has been adopted that the State’s legislative power is vested in the Pyidaungsu Hluttaw, and self-administered areas shared to the Region or State Hluttaw. Moreover, a detailed basic principle has been adopted that the Pyidaungsu Hluttaw comprises the Pyithu Hluttaw and the Amyotha Hluttaw. The National Convention has adopted a detailed basic principle that when the Pyitthu Hluttaw and the Amyotha Hluttaw are in session for the first time, a Hluttaw chairman to be elected as the Speaker shall take oaths before the Hluttaw and shall supervise the Hluttaw session till the Speaker and the Deputy Speaker have been elected. The National Convention has also adopted a detailed basic principle that 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, and the opinion of the Pyidaungsu Hluttaw must be sought, if the respective chambers fail to receive required number of votes.

The points picked out by the Work Committee Chairman from the constitutions of world nations and the functions they have exercised, the 1947 Constitution and the 1974 Constitution will be in conformity with the situations of the future nation. Therefore, I would like to suggest that detailed basic principles from No (1) to (19) be adopted.

Now, I would like to present the explanations of the Work Committee Chairman regarding the detailed basic principles for legislative functions of the Region or State Hluttaw to be included in the Chapter “Legislation” in formulating the State Constitution.

The National Convention has adopted a detailed basic principle that the term of the Region or State Hluttaw is the same as that of the Pyithu Hluttaw. The date on expiry of the term of the Pyithu Hluttaw is the same as that of the term of the Region or State Hluttaw. Besides, there may be a matter for which a report has to be submitted to the Region or State Hluttaw according to the Constitution or a law. The National Convention has adopted a detailed basic principle that necessary committees and bodies may be formed if need arises to submit matters on making laws and handling national races affairs to the Region or State Hluttaw. So, in forming committees and bodies, such committees and bodies shall submit reports, and the reports shall be discussed, decided and recorded at the Hluttaw sessions.

There is a detailed basic principle that the National Convention needs to seek the votes of the members of the Region or State Hluttaw if it is to re-delineate the territorial boundary of a Region or State. And a detailed basic principle has been adopted that the President shall seek the approval of the Region or State Hluttaw in designating, amending, and adding the ministries of Region or State, and in fixing, adding, and reducing the number of ministers of Region or State.

Moreover, a detailed basic principle has been adopted that the State will be formed under the unitary system. Regarding the sharing of the State’s sovereignty, the National Convention has adopted a detailed basic principle that the three branches of the State’s sovereignty namely legislative, executive and judicial powers are vested in the Regions and States and self-administered areas. In adopting the detailed basic principles, the State’s legislative power is vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw. Power is vested in the self-administered areas in accord with the Constitution.

The Work Committee Chairman extracted some of the sections of the 1947 Constitution and articles of the 1974 Constitution for adopting the detailed basic principle legislation concerning the legislation of the Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw in additions to the constitutions of the world nations. The party would like to suggest that the detailed basic principles included in the paras 1 to 28 of the Pyidaungsu Hluttaw, paras 1 to 19 of the Pyithu Hluttaw and Amyotha Hluttaw and paras 1 to 23 of the Region or State Hluttaw should be laid down.  

23 points presented by Chairman of National Convention  Convening Work Committee for adoption of detailed  basic principles found reasonable and appropriate

YANGON, 3 Jan— The following is a translation of the discussions submitted to the plenary session of the National Convention by the Mro (or) Khami National Solidarity Organization regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution read out by U Sein Tun of the Mro (or) Khami National Solidarity Organization of the delegate group of the political parties on 2 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Chairman of the National Convention Convening Work Committee U Aung Toe clarified the detailed basic principles that should be adopted for the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw at the plenary session of the National Convention held from 13 to 15 December this year. I would like to make a suggestion concerning the explanations of the Work Committee chairman.

Chairman of the National Convention Convening Work Committee U Aung Toe first explained matters to adopt the detailed basic principles regarding the convening of regular sessions of the Pyidaungsu Hluttaw out of the legislative functions of the Pyidaungsu Hluttaw.

In his explanation, he said the Pyidaungsu Hluttaw is made up of the Pyithu Hluttaw and the Amyotha Hluttaw. The first regular session of the Pyidaungsu Hluttaw shall be convened in the time when the first regular sessions, which make the terms of the Pyithu Hluttaw and the Amyotha Hluttaw come into force, are being held. When the National Convention adopted the detailed basic principles for the administrative formation, he said that after the President and the Vice-Presidents have been elected, the President has, with the approval of the Pyidaungsu Hluttaw, the power to designate, reconstitute and amend the ministries of the Union , and to fix, add and reduce the number. And he said to make the administrative and judicial sectors lively, the matters approved by the Pyidaungsu Hluttaw shall be submitted to the first regular session of the Pyidaungsu Hluttaw. And the duties to convening the first regular session of the Pyidaungsu Hluttaw should be invested to the Nayaka of the Pyidaungsu Hluttaw.

The Chairman of the National Convention Convening Work Committee continued to clarify that in view of the matters carried out in the Hluttaws of the world nations, it is found that heads of State from time to time address the Hluttaw concerned and send messages. In Section 61 of the 1947 Constitution of Myanmar said “The President may communicate with the Parliament by message or address on any matter of national or public importance”. So, a principle should be adopted, with the approval of the patron of the Pyidaungsu Hluttaw, to read out in the Pyidaungsu Hluttaw and record the messages in the future Hluttaw.

The Chairman of the National Convention Convening Work Committee explained broadly that the legislative task — submitting, discussing and approving of bills to make a law — is the major task of the Hluttaw. He also explained the matters to approve international, regional or bilateral treaties and agreements, the right of Union level bodies formed under the Constitution to submit bills, methods to scrutinize the bills, announcement of laws under the signature of the President, and the freedom of speech at the Pyidaungsu Hluttaw After reviewing the discussions on the detailed basic principles held by Chairman of the National Convention Convening Work Committee U Aung Toe regarding the legislative functions of the Pyidaungsu Hluttaw, I found a total of 28 points that should be adopted as detailed basic principles.

The 28 points presented by Chairman of the National Convention Convening Work Committee U Aung Toe for the legislative functions to decide whether they should be adopted as detailed basic principles or not, are found reasonable and appropriate.

So, I have no further suggestions about them and they should be adopted as the detailed basic principles.

Chairman of the National Convention Convening Work Committee U Aung Toe also explained the detailed basic principles that should be adopted for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.

In his explanation, he said in adopting the detailed basic principles on legislation by the National Convention, the detailed basic principles “The legislative power of the State shall be vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw”, and “The legislative power prescribed under the State Constitution is vested in the self-administered areas”, and the Pyidaungsu Hluttaw consists of the Pyithu Hluttaw and the Amyotha Hluttaw.

The convening of the first regular session of the Pyithu Hluttaw formed under the 1947 Constitution was designated together with elections, Sub-section (1) of Section 84 of the 1947 Constitution said “The general election for members of the Chamber of Deputies shall take place not later than sixty days after the dissolution of the Chamber”, and Sub-section (2) said “The Chamber of Deputies shall meet within sixty days from the polling day”, and if the fixing of the launching date for the first regular session of the Pyithu Hluttaw is based on the launching date of the general elections according to the future Constitution, it will be clear and exact.

A principle that the regular session of the Pyithu Hluttaw that makes the term of the Pyithu Hluttaw come into force shall be convened within 90 days after the launch of the general election should be adopted.

The launching date of the first regular session of the Amyotha Hluttaw should be fixed based on the date the term of the Amyotha Hluttaw comes into force. Moreover, he explained the matters on convening of the first regular session to be held in the next terms of the Pyithu Hluttaw and the Amyotha Hluttaw, and taking oaths before the Speaker of the Hluttaw concerned. He discussed in detail that interval between two regular sessions should not exceed 12 months, the detailed basic principles on discussing matters with the approval of the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw in the respective Hluttaws, validity of the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, deciding matters that are not prescribed in the Constitution, absence of members of the Pyithu Hluttaw and the Amyotha Hluttaw from Hluttaw sessions without leave, public information about records on the activities of the Pyithu Hluttaw and the Amyotha Hluttaw, first submitting of bills to the Pyithu Hluttaw and the Amyotha Hluttaw, and designation of methods to be carried out when a bylaw, rules or regulation is no longer in conformity with respective provisions of the law.

After reviewing the discussions on the detailed basic principles held by Chairman of the National Convention Convening Work Committee U Aung Toe regarding the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw, I found a total of 19 points that should be adopted as detailed basic principles.

The 19 points presented by the Chairman of the National Convention Convening Work Committee for the legislative functions the Pyithu Hluttaw and the Amyotha Hluttaw are found reasonable and appropriate, and so, I would say they should be adopted as the detailed basic principles.

The Chairman of the National Convention Convening Work Committee on 15 December 2005 clarified on matters for the adoption of the detailed basic principles regarding the legislative functions of the Region or State Hluttaw.

The Chairman of the National Convention Convening Work Committee broadly explained matters on the convening of the first regular session of the Region or State Hluttaw, convening of sessions, Hluttaw members’ taking oaths, designating the minimum number of regular sessions to be convened in a year, matters to be dealt with in the sessions, convening of special or emergency sessions of the Region or State Hluttaw, the fixing of a sufficient number of Hluttaw members necessary to form a quorum for validity of a session, deciding matters that are not prescribed in the Constitution, the right of the Hluttaw Speaker to vote, taking action against Hluttaw members who are absent from a session without leave, and ensuring the session, actions and resoultions not to be annulled, even if the acts of a person who was not entitled took part in the proceedings.

It is found that the Chairman of the National Convention Convening Work Committee made clarifications thoroughly and clearly.

After reviewing the discussions on the detailed basic principles held by the Chairman of the National Convention Convening Work Committee regarding the legislative functions of the Region Hluttaw or the State Hluttaw, I found a total of 23 points should be adopted as detailed basic principles.

The 23 points presented by the Chairman of the National Convention Convening Work Committee for the adoption of detailed basic principles are found reasonable and appropriate, and so, they should be adopted as the detailed basic principles.

28 detailed basic principles for the Pyidaungsu Hluttaw, 19  detailed basic principles on legislation for the Pyithu Hluttaw and  Amyotha Hluttaw, and 23 detailed basic principles for  legislative functions of the Region or State Hluttaw should be adopted

YANGON, 3 Jan— The following is a translation of the discussions submitted to the plenary session of the National Convention by the Union Pa-O National Organization regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution read out by U Khun Sein Win of the Union Pa-O National Organization of the delegate group of the political parties on 2 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Now, I would like to discuss in support of on the matters explained from 12 to 15 December 2005 by the chairman of the National Convention Convening Work Committee to adopt the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw to be included in the legislative section in formulating the State Constitution.

Without law, the food, clothing and shelter of the people will not be secure. And there could not prevail security, law and order, peace and stability. Indeed, the Constitution is superior to any other laws. In other words, it is the mother law of the laws. A Constitution is the most important and the most fundamental for a nation and its people. In addition, it is essential for every independent sovereign nation. Each and every civilized nation prescribes a Constitution that is in conformity with the culture and traditions of its people because the Constitution plays the most fundamental role in ensuring existence of the nation concerned, and there cannot be a firm government in a nation without a Constitution. In every nation, there are a State Constitution drawn by the people for the government, and administrative laws prescribed by the government for the people.

The rightful owner of the State power is the people. But, it is impossible that the entire people constantly exercise the power they own. So, on behalf of the people, the Pyithu Hluttaw elected directly by the people comprising the representatives of the people has to exercise the power. The Hluttaw formed under the Constitution is the highest legislative body. It will be just and fair if the powers are exercised separately in ruling the State. The distribution of the legislative, executive and judicial powers is most appropriate. The three powers are to be interrelated with each other. As Hluttaw directly represents the public, the Pyithu Hluttaw shall exercise the legislative power out of the legislative, executive and judicial powers.

It is crucial that the Pyithu Hluttaw, a legislative body, is to possess the character of representing the people to ensure further burgeoning of the noblest and worthiest of worldly values, stability and peace, and reflecting the public voice and desire of the people. The legislative power needs to be prescribed for Hluttaws at different levels. In the nations that exercise the Union System, the legislative power is vested in the Pyidaungsu Hluttaw and state Hluttaws. The legislative body concerned has to enact laws to carry out administrative and judicial functions in accord with the law.

The Pyithu Hluttaw should enact the laws that practically contribute towards the tasks for fulfilling the basic needs of the people and national development. There is now an urgent need for speedy emergence of an enduring State Constitution to ensure perpetual existence of the independence and sovereignty of the Union of Myanmar. And now is the most opportune time for the entire national people to make efforts in harmony in this drive.

Referring the constitutions of other nations, the provisions of the 1947 Constitution of the Union of Myanmar and 1974 Constitution so as to avert loopholes in the constitution, the Work Committee Chairman explained in detail matters on the convening of the first session of the Pyidaungsu Hluttaw, the number of Pyidaungsu Hluttaw sessions to be held in a year, functions of the Union Hluttaw, sufficient number of the Pyidaungsu Hluttaw necessary to convene a special session, sufficient number of Hluttaw members necessary to make a decision, absence without leave, issuing records of the Pyidaungsu Hluttaw, laws, bylaws, rules and regulations, notifications and orders, internal and regional and bilateral agreements, approving, abrogation, discussion, rights, seeking resolutions of the Pyidaungsu Hluttaw, methods of submission of bills to the Pyidaungsu Hluttaw, forming committee for scrutinizing bills on the Pyidaungsu Hluttaw, methods to be applied if there is a disagreement over bills, approving the bills and promulgation of laws, duties and rights of the Nayaka of the Pyidaungsu Hluttaw, the rights of Hluttaw members to deliver speeches, discuss and vote, and matters to arrest Hluttaw members.

Moreover, the National Convention Convening Work Committee has clarified in detail the legislative functions of the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw.

So, in conclusion, we members of the Union Pa-O National Organization to the National Convention would like to make a suggestion that the 28 detailed basic principles for the Pyidaungsu Hluttaw, the 19 detailed basic principles on legislation for the Pyithu Hluttaw and the Amyotha Hluttaw, and the 23 detailed basic principles for legislative functions of the Region or State Hluttaw should be adopted.

Source (with photos): http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006Jan3.htm