PROCEEDINGS OF THE NATIONAL CONVENTION

6 January 2006

From The New Light of Myanmar 7 January 2006

The Plenary Meeting of National Convention Continues

YANGON, 6 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, Ra-khine, Shan State (South), Shan State(North), and Shan State (East), Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeya-wady Divisions, delegates of peasants 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 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 Mann Ohn Maung of Delegate Group of National Racespresided 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 San Tha Aung of Delegate Group of Representatives-elect, 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 1,066 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, U Nyein Maung of Shan State (North) presented the proposals of Delegate Group of Workers.

(The presentation will be reported.)

Next, U Min Myint Maung Lay of Mon State presented the proposals. The plenary session took a break.

(The presentation will be reported.)

When the plenary session resumed, U Poe Yei Aung Thein of Kayah State presented proposals of Delegate Group of Workers.

(The presentation will be reported.)

Next, U Tha Aye of Rakhine State presented the proposals and the session went into recess.

(The presentation will be reported.)

When the plenary session resumed U Aung Thein of the Ministry of Construction presented proposals of Delegate Group of Intellectuals and Intelligentsia.

(The presentation will be reported.)

Next, Prof Daw Mya Mya Win of the Ministry of Education presented the proposals.

(The presentation will be reported.)

Next, Dr Maung Maung Wint of the Ministry of Health presented the proposals.

(The presentation will be reported.)

The Plenary Session of the National Convention adjourned at 12.25 pm.

The Plenary Session of the National Convention continues on 9 January at noon.

The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year

YANGON, 6 Jan— The following is a translation of the proposals submitted to or State Hluttaws, the points-

(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 are proper, so they should be adopted as detailed basic principles.

Regarding Region or Hluttaw members’ taking oaths, the points-

(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 are proper, so they should be adopted as detailed basic principles.

Regarding the fixing of the number of regular sessions of the Region or State Hluttaw to be convened at least in a year, the point-

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.

is proper, so it should be adopted as a detailed basic principle.

Regarding matters to be carried out at sessions of the Region or State Hluttaw, the points-

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

(j) Implementing matters permitted by Speaker of Region or State Hluttaw are proper, so they should be adopted as detailed basic principles.

Regarding the convening of a special or emergency session of the Region or State Hluttaw, the points-

(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 are proper, so they should be adopted as detailed basic principles.

Regarding the fixing of a sufficient number of Hluttaw members necessary to form quorum for validity of Region or State Hluttaw sessions, the points-

(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 are proper, so they should be adopted as detailed basic principles.

Regarding the deciding of the matters save as otherwise provided by the Constitution through voting in the Region or State Hluttaw by a majority of votes of the members present and the right of the Hluttaw Speaker to vote, the points-

(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 are proper, so they should be adopted as detailed basic principles.

Regarding the taking of action against Hluttaw members who are absent from Region or State Hluttaw without leave, the point-

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.

is proper, so it should be adopted as a detailed basic principle.

Regarding the ensuring of not abrogation of the decisions of the Hluttaw, although even if there are some vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks, and the session shall not be annulled, if the acts of some person who was not entitled to do so took part in the proceedings.

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.

is proper, so it should be adopted as a detailed basic principle.

Regarding the right to the people to be informed about the activities and record of the Region or State Hluttaw, the point-

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

is proper, so it should be adopted as a detailed basic principle.

Regarding the power of the Region or State Hluttaws to make laws, the point-

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

is proper, so it should be adopted as a detailed basic principle.

Regarding the vesting of powers to issue bylaws, rules, regulations, notifications, directives and procedures, and to revoke or amend a bylaw, rule or regulation is not in conformity with the Constitution or the law concerned, to be stated in a law prescribed in the Region or State Hluttaw, the points-

(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.

are proper, so they should be adopted as detailed basic principles.

Regarding the seeking of a decisions or assent or approval of the Region or State Hluttaw, the points-

(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.

are proper, so they should be adopted as detailed basic principles.

Regarding the submission of a bill to the Region or State Hluttaw, the points-

(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

are proper, so they should be adopted as detailed basic principles.

Regarding the right of members of the Region or State Hluttaw to submit a bill, the points-

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.

is proper, so that should be adopted as a detailed basic principle.

Regarding the submission of Region or State budget to Region or State Hluttaw, and the decision made by the Hluttaw, the point-

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

is proper, so that should be adopted as a detailed basic principle.

Regarding the Region or State Chief Minister’s signing and promulgating of the bills approved by the Region or State Hluttaw and the leading bodies of Self-administered Division of Self-administered areas, and the date on which a law comes into force, the points—

(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.

are proper, so they should be adopted as detailed basic principles.

Regarding the right of members representing Region or State level body formed under the Constitution to hold discussions at sessions of the Region or State Hluttaw, the points—

(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

are proper, so they should be adopted as detailed basic principles.

Regarding the duties and rights of the Region or State Speaker, the points—

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

are proper, so they should be adopted as detailed basic principles.

Regarding the right of the members of the Region or State Hluttaw to have freedom of speech and vote at the Hluttaw concerned, subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, the right of members or persons who are permitted or invited to attend Region or State Hluttaw session to have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations, the points —

(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
are proper, so they should be adopted as detailed basic principles.

Regarding the ways, if need arises, to arrest members of the Region or State Hluttaw or committees or bodies thereof, the points—

(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.

are proper, so they should be adopted as detailed basic principles.

Regarding the reports, documents and records published by the Region or State Hluttaw or under its authority, the point—

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

is proper, so it should be adopted as a detailed basic principle.

I would like to present some points as separate suggestions. One of the detailed basic principle says “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”.

Personally, I think that detailed basic principle is aimed at ensuring that the activities of a person who is not entitled should not have adverse effects to Hluttaw functions, approvals, and decisions.

Making a decision through voting and approving a matter in Hluttaws is very important. That is part of democracy system. So, it doesn’t matter if the vote of a person who is not entitled does not effect on the decision or approval. But, it does matter if a matter is approved or annulled due to his vote. It’s food for thought. In other words, if his vote may be the decisive vote. For instance, the Hluttaw Speaker has to cast a vote in the matter of an equality of votes due to his vote. And, originally the number Hluttaw members present does not meet half or two-thirds of a sufficient number, but it is so due to his attendance. So, I would like to make a suggestion that checking the attendees to ensure all are entitled be carried out systematically in order to avert adverse effects.

Legislative, executive and judicial powers are the State’s powers essential for everybody and nation. Such important powers are to be exercised by an individual or an organization, or a political party. If organizations wishing to exercise these powers are too many but there is no prescription to systematically exercise such powers, there may arise undesirable results such as conflicts between an individual and another, an organization and another, and a part and another based on rivalry for power, and that can cause civil war, and receiving alien assistance due to the desire to have an influence on others. If so, a great number of people will lose their lives and property and even independence and sovereignty. So, essential is a Constitution that can guarantee a stable political system in the nation to avoid such evil consequences.

Taking a glance at the detailed basic principles that have been so far adopted at the National Convention, it can be vividly seen that the future Constitution represents

1. formation of Unitary system

2. sharing of three powers

3. check and balance among three powers

4. exercising three powers separately.

A nation's constitution, which shapes the political system and democratic system, is different from other nations’, and it is natural. The heading ‘Lessons to be learned’ in the article “The Role of the Legislature in a Democracy” by Norman J. Ornstein says, “Every country’s political system develops and evolves according to its history, make up, and political and social conditions. When a country tries to graft another country’s political system onto its own, it rarely works.

The article was inserted in the Freedom Papers published by USIA of the United States in which democracy is said to flourish. In view of the detailed basic principles adopted so far, it is certain that the future State Constitution will be in conformity with Myanmar history, culture, traditions, equality among the national races, and prevailing political situations. In the world, the nations whose political systems are stable are constructed based on their history, prevailing political and social situations of their own with correct views. Here, I would like to present a point.

It is that there will be two Hluttaws and equal legislative power is vested in the two. Mostly, world nations have two Hluttaws but there is a gap of legislative power between the two Hluttaws. Due to the fact equal legislative power is invested with the two Hluttaws,

1. equality among the national races is vividly tangible

2. the laws that the people dislike cannot emerge due to reciprocal check and balance between the two Hluttaw

3. important matters are decided by the Pyidaungsu Hluttaw consisting of two Hluttaws, thereby representing the unity and essence of democracy — making decisions through the wishes of the majority.

Not only the government and governmental organizations but also members of Hluttaws at different levels have the right to submit bills. So, the national people born in the Union , through their representatives, can enact laws at the Hluttaws of regions or states where they live and that can bring progress and prospects to the people of their regions. Moreover, there can emerge the laws that represent the desire of the people through their representatives at the Amyotha Hluttaw based on the formation of the Union , and at the Pyidaungsu Hluttaw that represents the entire nation.

I simply believe that effectively applying with disciplines the duties, rights and freedom that will bring about according to the future State Constitution based on the detailed basic principles, the organizations and political parties in the nation will make efforts in concert to transform the nation into a modern and developed democratic one. In conclusion, I wish good health and pleasure to the chairman of the National Convention and members of the panel of chairmen, the chairman of the National Convention Convening Commission and members, the officials from the National Convention Convening Work Committee, the National Convention Convening Management Committee, and the delegates to the National Convention.

the plenary session of the National Convention by U Tin Win of Kyaiklat Township constitu-ency-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.

Regarding the convening of the first regular session of the Region or State Hluttaw concerned, the points-

(a) The day the term of Region or State Hluttaw comes into force is the same as 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 are proper, so they should be adopted as detailed basic principles.

And, regarding the convening of the first regular session of the Region Hluttaws

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006Jan6.htm