PROCEEDINGS OF THE NATIONAL CONVENTION
5 January 2006
From The New Light of Myanmar 6 January 2006
The Plenary Meeting of National Convention Continues
Delegate groups submit suggestions on detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw, and Region and State Hluttaws to the Plenary Session of the National Convention
YANGON, 5 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 Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the respective sub-committees, delegates of 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, Tanin-thayi, 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, Mag-way, 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, Tanin-thayi, 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 Demo-cracy 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 de-legates, 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 San Tha Aung of Delegate Group of Representatives-elect presided over the Plenary Session of the National Convention together with Dr Paik Tin of National Convention Convening Work Committee, U Tun Yin Law of Delegate Group of Political Parties, 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 Intellectuals 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 1,069 delegates out of 1,079 were present, accounting for 99.07 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, the proposals of three delegates—Representative-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, Representative-elect U Aung Thein of Ywangan Township constituency in southern Shan State and U Tun Kyaw of Namhsan Township constitutency in Shan State (South)— were presented to the plenary session in three parts.
Dr Hmu Htan of Thantlang Township constituency in Chin State first presented the proposals.
(The presentation will be reported.)
Next, U Aung Thein of Ywangan Township constituency in Shan State (South) presented the proposals.
(The presentation will be reported.)
Afterwards, U Tun Kyaw of Namhsan Township constitutency in Shan State (North) presented the proposals.
(The presentation will be reported.)
U Shi Thi of Sagain Division also presented the proposals of Delegate Group of National Races.
(The presentation will be reported.)
Next, Daw San San Htay of Ayeyawady Division presented the proposals and The Plenary Session of the National Convention took a break.
(The presentation will be reported.)
When the Plenary Session of the National Convention resumed the delegates continued to present their proposals.
First, U Pyay Lay of Chin State presented proposals of Delegate Group of National Races.
(The presentation will be reported.)
Next, Daw Aye Cho Sein of Shan State (South) presented the proposals.
(The presentation will be reported.)
Afterwards, Daw Khin Lay Myint of Mon State presented the proposals.
(The presentation will be reported.)
The plenary session went into recess at 11.45 am.
When the plenary session of the National Convention continued, delegates presented their proposals.
First, U Sai Thein Aung of Kachin State presented the proposals of Delegate Group of National Races.
(The presentation will be reported.)
Next, the proposals of Delegate Group of Peasants were presented.
First, U Min Lun Aung of Mon State presented the proposals. The plenary session went into recess.
(The presentation will be reported.)
When the plenary session continued U Saw Lin Aung of Bago Division presented the proposals of Delegate Group of Peasants.
(The presentation will be reported.)
Next, U Myint Kyaw of Mandalay Division presented the proposals.
(The presentation will be reported.)
The Plenary Session of the National Convention was adjourned at 3.15 pm.
The Plenary Session of the National Convention continues tomorrow at 9 am.
The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw
YANGON, 5 Jan— The following is a translation of the proposals submitted to the plenary session of the National Convention by U Kyi Win of Mingaladon Township Constituency-1 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 collectively presented by the six Independent 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 Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2— on 3 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
Unity is the main requirement for the nation where various nationalities are living together. The essential need for the flourishing of justice, freedom and equality in the nation is the Constitution. All the national people have the duty for emergence of the Constitution, and the delegates to the National Convention have greater responsibility in this matter.
The laying down of the detailed basic principles for executive power includes the fixing and reducing the number of ministers and ministries with the approval of Pyidaungsu Hluttaw after the election of the President and the Vice-Presidents, the nomination of the Pyidaungsu ministers, the attorney-general and auditor-general, the nomination of the chief minister, other high level officials and judges of the Pyidaungsu supreme court, the powers of the President for activating the administrative and judicial machinery and the convening of the first session of the Pyidaungsu Hluttaw.
In our view the detailed basic principles “The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw”.
“The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.
“The Speaker of the Pyidaungsu Hluttaw shall call the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months” should be laid down.
As we have approved the clarification of the National Convention Convening Work Committee Chairman concerning the following tasks to be carried out at the Pyidaungsu Hluttaw meetings, we proposed the following be laid down as detailed basic principles:
“(a) Recording the address delivered by the President
“(b) Reading out and the recording the message sent by the President and other messages permitted by the President
“(c) Submitting and discussing and making decision on a bill
“(d) Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw
(e) Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution
(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw
“(g) Submitting proposals, and making discussions and decisions
“(h) Asking questions and replying answers
“(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.”
In accordance with the explanation of the Work Committee Chairman the detailed basic principles “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” and “The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a special session or an emergency session of the Pyidaungsu Hluttaw” should be laid down.
We support the Work Committee Chairman’s clarification concerning the laying down of the following detailed basic principles:
“The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw”
(a) “The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.
(b) “The meetings that are adjourned due to invalidity in accord with the sub para (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.”
Concerning the voting and the absence of the members from the Pyidaungsu Hluttaw meetings without leave, we are in support of the laying down of the detailed basic principles “(a) Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting. (b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.” and “If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days on account shall be taken of any period during which the Chamber is prorogued, or is adjourned.”
We see the detailed basic principles “Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or vote or took part in the proceedings are discovered later” “The functions and records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published” clarified by the Work Committee Chairman appropriate for the Constitution.
As regards the legislative power of the Pyidaungsu Hluttaw, we agree that the detailed basic principle “(a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List. (b) If a bill initially presented at the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.” should be laid down.
After studying the Work Committee Chairman’s clarification concerning the enactment of laws by the Pyidaungsu Hluttaw, we find the following detailed basic principle suitable for the Constitution: (a) When the Pyidaungsu Hluttaw enacts a law, it shall —
(i) entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution.
(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.
(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by an Act shall be consonant with the stipulations contained in the Constitution and the law concerned.
(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any one the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.
(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.
(e) If a decision is made to annul or amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however, to the validity of any action pre-viously taken under the rules, regulations or bylaws.
To enable the President to facilitate his work in the matters concerning the international treaties, the following basic principle should be laid down:
“The Pyidaungsu Hluttaw shall —
“(a) give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.
“(b) fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, cancel and withdraw from them.”
The reports, papers and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged
YANGON, 5 Jan— The following is a translation of the proposals submitted to the plenary session of the National Convention by U Thein Kyi of Taungdwingyi Township Constituency-1 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 collectively presented by the six Independent 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 Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2— on 3 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
We are in support of the explanations made by Work Committee Chairman regarding to matters that require Pyidaungsu Hluttaw’s decisions, agreement and approval
(a) Matters that require the Pyidaungsu Hluttaw’s decisions, agreement and approval should be implemented as follows:
(i) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.
(ii) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.
(iii) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action in public interest.
(b) When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall
(i) make a decision to approve it or not.
(ii) fix the ordinance’s expiary date if the Pyidaungsu Hluttaw approves the ordinance.
(iii) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.
Concerning the submission, approval and sending of bills, we find the following detailed basic principles appropriate for the Constitution:
“(a) Of the matters included in the Union legislative list, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the rules.”
“(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accord with the prescribed provisions for decision.”
“Except the bills that are prescribed by the Constitution to be discussed and decided exclusively at the Pyidaungsu Hluttaw, the bills submitted by the Union level organizations formed under the Constitution, to the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.”
“If a need arises to scrutinize the bills, that are to be discussed and approved exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyidaungsu Hluttaw bill committee and the Amyotha Hluttaw bill committee, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accordance with prescribed provisions.”
“If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill should be discussed and approved at the Pyidaungsu Hluttaw.”
Moreover, we also find the following detailed basic principles concerning the bills appropriate for the Constitution
“(a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw has approved them, he shall sign the bills and shall promulgate them into law.”
“(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into an Act.”
“(c) Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the Bill is not signed by the President within 14 days after the date of presentation, the same shall become an Act in like manner as if he had signed it on the last of the said 14 days.”
“(a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree to the President’s comments.”
“(b) The President shall sign the bill and enact it on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.”
“(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall become an Act in like manner as if he had signed it on the last date of the said time limit.”
“The Acts signed by the President and the Acts deemed to have been signed by the President shall be promulgated in the gazette. The Act shall come into force on the date of such promulgation unless the contrary intention is expressed.”
After studying the clarification made by the Work Committee Chairman concerning the Union level organizations, and the powers and functions of the Speaker, we would like to suggest that the following detailed basic principles should be laid down:
“Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker shall explain the bills and other matters in connection with their respective organizations.”
The Pyidaungsu Hluttaw Speaker shall —
“(a) supervise the Pyidaungsu Hluttaw sessions”
“(b) invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw”
“(c) have the power to invite organization and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary”
“(d) implement his other powers and functions designated by the constitution or any law”
“The Union level organizations formed under the Constitution shall submit their general condition, necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.”
As we have come to understand the clarifications made by the Work Committee Chairman in connection with the privileges of the Pyidaungsu Hluttaw members, we agree that the following detailed basic principles should be laid down.
“(a) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.”
“(b) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of organizations or persons representing any one of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the law of the Pyidaungsu Hluttaw.”
“(c) However, if the persons mentioned in the above para (a) and para (b) commit physical assaults, they shall be liable to punishment according to the existing law.”
“If there arises a need to arrest a Pyidaungsu Hluttaw member attending a Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session at the invitation of the Pyidaungsu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyidaungsu Hluttaw Speaker. He shall not be arrested without the prior permission of the Pyidaungsu Hluttaw Speaker.”
“The reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.”
The State Peace and Development Council shall call the first regular session of the Pyithu Hluttaw after the constitution has come into effect
YANGON, 5 Jan — The following is a translation of the proposals submitted to the plenary session of the National Convention by U Tin Tun Maung of Mingaladon Township constituency-2 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 collectively presented by the six Independent 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 Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2— on 3 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
In our view, the following detailed basic principles should be laid down:
(a) The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened not later than 90 days after the commencing date of general elections.
(b) (1) The day the tenure of the Amyotha Hluttaw comes into force is the day the tenure of the Pyithu Hluttaw starts.
(2) The first session of the Amyotha Hluttaw shall be convened not later than seven days after the start of the tenure of that Hluttaw.
(a) (1) The State Peace and Development Council shall call the first regular session of the Pyithu Hluttaw after the constitution has come into effect
(2) The incumbent speaker of the Pyithu Hluttaw in service shall call first regular sessions for the next terms of the Pyithu Hluttaw in line with the provision of this constitution
(b) (1) The State Peace and Development Council shall call the first regular session of the Amyotha Hluttaw after the constitution has come into effect
(2) The Speaker of the Amyotha Hluttaw shall call first regular sessions for the next terms of the Amyotha Hluttaw in line with the provision of this constitution
As regards the taking of oath by the Hluttaw members, we find the following basic principle appropriate:
(a) (1) Members of the Pyithu Hluttaw shall take oaths before the Speaker of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw
(2) The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they first attend
(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Speaker of the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw
(2) The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they first attend
As we are in support of the clarification made by the Work Committee Chairman concerning the regular sessions and other sessions of the hluttaws, we would like to suggest to lay down the following detailed basic principles:
(a) The Speaker of the Pyithu Hluttaw shall call regular session of the Pyuthu Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
(b) The Speaker of the Amyotha Hluttaw shall call regular session of the Amyotha Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
(a) The following matters are carried out at the sessions of the Pyithu Hluttaw.
(1) Recording speeches delivered by the President
(2) Reading and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting bill, holding discussions, and making decisions
(4) Holding discussions and making decisions regarding the matters the Pyithu Hluttaw shall implement them in accord with the provisions of the Constitution
(5) Assessing, approving and recording the reports presented to the Pyithu Hluttaw
(6) Submitting, discussing and approving proposals
(7) Raising questions and answering queries
(8) Carrying out the matters permitted by the Speaker of the Pyithu Hluttaw
(b) The following matters are carried out at the sessions of the Amyotha Hluttaw.
(1) Recording speeches delivered by the President
(2) Reading and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting bill, holding discussions, and making decisions
(4) Holding discussions and making decisions regarding the matters the Amyotha Hluttaw shall implement them in accord with the provisions of the Constitution
(5) Assessing, approving and recording the reports presented to the Amyotha Hluttaw
(6) Submitting, discussing and approving proposals
(7) Raising questions and answering queries
(8) Carrying out the matters permitted by the speaker of the Amyotha Hluttaw
(a) (1) The first day meeting of the Pyithu Hluttaw shall be considered to be valid if more than half the number of members who have the right to attend the Pyithu Hluttaw meeting, are present. If the meeting is not valid it shall be postponed
(2) The meetings that are postponed due to invalidity and the valid meetings that are extended shall be considered to be valid if at least one third of the Pyithu Hluttaw members are present.
(b) (1) The first day meeting of the Amyotha Hluttaw shall be considered to be valid if more than half the number of members who have the right to attend the Amyotha Hluttaw meeting, are present. If the meeting is not valid it shall be postponed
(2) The meetings that are postponed due to invalidity and the valid meetings that are extended shall be considered to be valid if at least one third of the Amyotha Hluttaw members are present I would like to suggest that the following detailed basic principles in connection with the voting for decisions, the absence without leave, vacant seats, and records of the hluttaws:
(a) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present and voting.
(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the first instance, but shall have and exercise a casting vote in the matters of equal number of votes.
(b) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present and voting.
(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote in the first instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of equal number of votes.
(a) (1) The Pyithu Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days in succession. In computing the absence for at least 15 days from a session of the Pyithu Hluttaw, the postponed period of the session shall not be included.
(2) The Pyithu Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that member, without asking permission from the Pyidaungsu Hluttaw, has failed to attend a session of the Pyidaungsu Hluttaw for 15 days in a row
(b) (1) The Amyotha Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days in a row. In computing the absence for 15 days from a session of the Amyotha Hluttaw, the postponed period of the session shall not be included.
(2) The Amyotha Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that member, without asking permission from the Pyidaungsu Hluttaw, has failed to attend a session of the Pyidaungsu Hluttaw for 15 days in a row.
(a) The Pyithu Hluttaw has the power to act despite some vacancies in the membership. Furthermore, any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an entitled person attended a session, voted, or took part in the functions
(b) The Amyotha Hluttaw has the power to act despite some vacancies in the membership. Furthermore, any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an entitled person attended a session, voted, or took part in the function.
(a) The activities and records of the Pyithu Hluttaw shall be released for the knowledge of the people. However, the activities and records that shall be restricted under an act or the order of the Pyithu Hluttaw shall not be released
(b) The activities and records of the Amyotha Hluttaw shall be released for the knowledge of the people. However, the activities and records that shall be restricted under an act or the order of the Pyithu Hluttaw shall not be released
In connection with the legislative of the Pyithu Hluttaw and Amyotha Hluttaw, the following detailed basic principle should be laid down:
(a) Except the matters prescribed in the constitution that must be submitted to and judged only at the Pyidaungsu Hluttaw, with respect to the remaining matters prescribed in the Union Legislation List, bills should be submitted initially to the Pyithu Hluttaw
(b) Except the matters prescribed in the constitution that must be submitted to and judged only at the Pyidaungsu Hluttaw, with respect to the remaining matters prescribed in the Union Legislation List, bills should be submitted initially to the Amyotha Hluttaw.
Regarding bylaws, rules and regulations enacted under a law, the points-
Pyithu Hluttaw
(a) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Pyithu Hluttaw members at the nearest regular session of Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu Hluttaw.
(b) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Pyithu Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(c) If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
Amyotha Hluttaw
(a) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Amyotha Hluttaw members at the nearest regular session of Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha Hluttaw.
(b) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Amyotha Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(c) If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
are proper, so they should be adopted as detailed basic principles.
Regarding the submission of bills to the Pyithu Hluttaw and the Amyotha Hluttaw, the points-
Pyithu Hluttaw
(a) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Pyithu Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Pyithu Hluttaw and shall be discussed and passed resolution in the Pyithu Hluttaw.
(b) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the right to initiate the bills related to the remaining matters in the Pyithu Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line with the prescribed provisions.
(c) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.
Amyotha Hluttaw
(b) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Amyotha Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Amyotha Hluttaw and shall be discussed and passed resolution in the Amyotha Hluttaw.
(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the right to initiate the bills related to the remaining matters in the Amyotha Hluttaw. Such bills shall be under discussion at the Amyotha Hluttaw in line with the prescribed provisions.
(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.
are proper, so they should be adopted as detailed basic principle.
Regarding the right of a Hluttaw after receiving a bill sent by another Hluttaw, the points-
Pyithu Hluttaw
(a) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.
(b) When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.
(c) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.
Amyotha Hluttaw
(a) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.
(b) When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.
(c) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw are proper, so they should be adopted as detailed basic principles.
Regarding the points the Work Committee Chairman explained that the right of members representing a Union level body formed under the Constitution to hold discussions at sessions of the Pyithu Hluttaw or the Amyotha Hluttaw, and sessions of Hluttaw committee, commission and joint committee of the two Hluttaws-
Pyithu Hluttaw
Members of a Union level body formed under the Constitution shall have the right—
(a) to explain and discuss the bills and other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw
(b) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Pyithu Hluttaw with the permission of the heads of these committee, commission and bodies
Amyotha Hluttaw
Members of a Union level body formed under the Constitution shall have the right —
(a) to explain and discuss the bills and other matters of their bodies while attending a session of the Amyotha Hluttaw with the permission of the Speaker of the Amyotha Hluttaw
(b) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Amyotha Hluttaw with the permission of the heads of these committee, commission and bodies are proper, so they should be adopted as detailed basic principles.
Regarding the rights of the Pyithu Hluttaw Speaker and the Amyotha Hluttaw Speaker, the points-
Pyithu Hluttaw
The Speaker of the Pyithu Hluttaw shall have the right—
(a) to supervise sessions of the Pyithu Hluttaw
(b) to invite the President of the Union if he informs his desire to deliver a speech at a session of the Pyithu Hluttaw
(c) to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw
(d) to discharge other duties and functions prescribed under the Constitution or a law
Amyotha Hluttaw
The Speaker of the Amyotha Hluttaw shall have the right —
(a) to supervise sessions of the Amyotha Hluttaw
(b) to invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw
(c) to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw
(d) to discharge other duties & functions prescribed under Constitution or a law are proper, so they should be adopted as detailed basic principles.
Regarding the privileges of members of the Pyithu Hluttaw and the Amyotha Hluttaw, vesting the privileges in a member representing a body formed under the Constitution, or the privileges of a member or person invited, and privileges of a member of a commission or body formed by the Hluttaw, the points-
Pyithu Hluttaw
(a) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(b) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(c) Action shall be taken against those members stated in sub-paras (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
Amyotha Hluttaw
(a) Members of the Amyotha Hluttaw shall have freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(b) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(c) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
are proper, so they should be adopted as detailed basic principles.
Regarding the methods to be taken when need arises to arrest a member of the Pyithu Hluttaw or the Amyotha Hluttaw or a member of commission and bodies formed by a Hluttaw, the points,
Pyithu Hluttaw
(a) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(b) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker through the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(c) If there arises a need to arrest a member of Pyithu Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.
Amyotha Hluttaw
(a) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(b) If there arises a need to arrest a member of a committee or commission or organization formed by the Amyotha Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(c) If there arises a need to arrest a member of Amyotha Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.
are proper, so they should be adopted as detailed basic principles.
Regarding the reports and documents published by the Pyithu Hluttaw and the Amyotha Hluttaw or under its authority, the points-
Pyithu Hluttaw
(a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.
Amyotha Hluttaw
(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.
are proper, so they should be adopted as detailed basic principles.
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006Jan5.htm