PROCEEDINGS OF THE NATIONAL CONVENTION

7 January 2006

From The New Light of Myanmar 8 January 2006

The Plenary Meeting of National Convention Continues

Points in the explanation of the Work Committee Chairman  should be adopted as detailed basic principles

YANGON, 7 Jan— The following is a translation of suggestions submitted to the plenary session of the National Convention by Dr Hmu Htan of Thantlang Township Constituency regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the three Independent Representatives-elect — Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South) and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) — on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

This paper was collectively compiled by Independent representative-elect U Aung Thein of Ywangan Township Constituency in Shan State (South), and Independent representative-elect U Tun Kyaw of Namhsan Township Constituency in Shan State (North) and me. We three will take turn to read out the three parts of this paper.

I would like to present some points about the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw. One of the detailed basic principles the National Convention has adopted for legislative functions says that the Pyidaungsu Hluttaw will be made up of the Pyithu Hluttaw and the Amyotha Hluttaw, and the first session of the Pyidaungsu Hluttaw shall be convened during the time the first regular sessions for the new term of its two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw — are in session. One of the detailed basic principles the National Convention has adopted for executive formation says that after electing the President and Vice-Presidents, the President of the Union shall, with the approval of the Pyidaungsu Hluttaw, designate the Union government ministries as necessary. Moreover, he can make changes and addition to the designated ministries.

The principles also state that he shall present the list of nominees for the post of Union ministers, the Union attorney-general and the Union auditor-general to the Pyidaungsu Hluttaw for approval. There should also be a detailed basic principle regarding the number of annual regular sessions of the Pyidaungsu Hluttaw in a year after the first regular session, and the functions of the Pyidaungsu Hluttaw to be carried out when the Pyidaungsu Hluttaw is in session.

In a nation, there might be an extraordinary situation on political, security, economic and social affairs for which a Hluttaw has to convene a special or emergency meeting. In our nation, the Pyidaungsu Hluttaw shoud be vested with the power to convene a special or emergency meeting to resolve such an important case. And the Speaker of the Pyidaungsu Hluttaw should have the power to convene a special or emergency meeting when informed by the President, so that the Preisdent, as well as the administrative head, can submit a report to the Union Hluttaw if there occurs an extraordinary situation on State security, economic and social affairs, and when the President presumes that the bill the Pyidaungsu Hluttaw submits needs to be under discussion as soon as possible for approval in the interests of the people, and when need arises to convene a session of the Pyidaungsu Hluttaw in accord with the policy of exercising the power as separately as possible and the reciprocal control in the interests of the people. Similarly, members of the Pyidaungsu Hluttaw should be vested with the power to ask for convening of a session of the Pyidaungsu Hluttaw based on a situation.

Members of the Pyidaungsu Hluttaw are to attend Pyidaungsu Hluttaw sessions and to carry out Hluttaw functions regularly. If a member of Pyidaungsu Hluttaw cannot attend a session due to a sound reason, he has to ask the Speaker of the Pyidaungsu Hluttaw for leave.

There should be the constitutional right of the Speaker of the Pyidaungsu Hluttaw for validity of the sessions of the Pyidaungsu Hluttaw and for the matters to be decided by the Pyidaungsu Hluttaw through votes of the members of the Pyidaungsu Hluttaw.

Here, I would like to make a suggestion regarding the principle “Even if there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks. The decisions of the session shall not be revoked, even if the acts of some person who is not entitled to do so, sat or voted or took part in the proceedings are discovered later”.

In making an important decision, it is designated valid if it wins the votes of not less than three-fourths of the Hluttaw members or the votes of not less than the two-thirds of the Hluttaw members present. In making a normal decision, it is designated valid if it wins the votes of more than half the total number of Hluttaw members or the votes of more than half the total number of Hluttaw members present.

In adopting detailed basic principles for the nation-building sector, measures for re-delineation of the nation’s territorial boundary shall be taken only if it wins the votes of more than half of the members each of the Pyithu Hluttaw and the Amyotha Hluttaw, and the votes of more than half of the Hluttaw members from the region or state concerned. If this way is unsuccessful, the case shall be submitted to the Pyidaungsu Hluttaw. And the case shall go on only if it wins the votes of three-fourths of the Pyidaungsu Hluttaw members or above. Similarly, measures for re-delineation of the territorial boundary of a region or state shall be taken only if it wins the votes of three-fourths and above of the members of the Pyidaungsu Hluttaw. There should be a principle to prescribe a way for the Pyidaungsu Hluttaw to make a decision through the votes regarding the matters to be decided and approved with its approval.

These points indicate the importance of the right of a Hluttaw member to vote. So, it is improper that a person who is not entitled to attend the Pyithu Hluttaw and the Amyotha Hluttaw sat, voted, or had participation in the proceedings of the Hluttaw. So, respective bodies should supervise the tasks in order to avert an undesirable situation that a person who is not entitled to attend the Pyithu Hluttaw and the Amyotha Hluttaw sat, voted, or had participation in the proceedings of the Hluttaw.

In the Constitutions of many nations, there is a provision that says functions and records of Pyithu Hluttaw shall be published for public information. In our country, a principle should be adopted to issue, except such kinds of records prohibited under a law or a decision of the Pyidaungsu Hlluttaw, records and activities of the Hluttaw for public information. The Pyithu Hluttaw and the Amyotha Hluttaw, which are included in the Pidaungsu Hluttaw, have same duties and rights. Such two Hluttaws also have same duties and rights to enact a bill into a law. If the Pyithu Hluttaw and the Amyotha Hluttaw approve a bill, relating to the matters that the Pyidaungsu Hluttaw has the right to enact, it should mean the Pyidaungsu Hluttaw approves that bill.

In a law prescribed by the Pyidaungsu Hluttaw should be a principle that vests power to issue bylaws, rules, regulations, notifications, directives and procedures, and to revoke or amend a bylaw, a rule or a regulation if they are not in conformity with the Constitution or the law concerned. In issuing an ordinance, the President shall submit such an ordinance to the Pyidaungsu Hlutaw for approval. In this regard, there should also be a principle that the Pyidaungsu Hluttaw shall decide to approve or not and fix the term if it approves the ordinance.

The major task of Hluttaws is legislation. The National Convention Convening Work Committee Chairman has explained matters relating to submission of a bill to the Pyidaungsu Hluttaw and approving it. Now, I would like to discuss matters relating to the duties and rights of the Patron of the Pyidaungsu Hluttaw.

A head of the Hluttaw has to supervise Hluttaw sessions in accord with Hluttaw laws and bylaws when the Hluttaw is in session. There should be a detailed basic principle that the power to supervise Hluttaw sessions shall be vested in the Speaker of the Pyidaungsu Hluttaw so that he will be able to systematically supvevise the sessions of the future Pyidaungsu Hluttaw. And members of the Pyidaungsu Hluttaw should be vested with the right to freely submit proposals, hold discussion and raise queries at the sessions of the Pyidaungsu Hluttaw. If need arises to arrest memers of the Pyidaungsu Hluttaw regarding participation in the sessions of the Pyidaungsu Hluttaw, no member shall be liable or punishable therefor, except under the law, rules and regulations of the Pyidaungsu Hluttaw. Similarly, the persons who are entitled to the sesssions of the Pyidaungsu Hluttaw or are invited to these sessions should, like members of the Pyidaungsu Hluttaw, have such privileges regarding participation in the sessions.

The National Convention Convening Work Commiittee Chairman discussed in detail such matters at the plenary session of the National Convention on 13 December 2005. The explanation of the Work Committee Chairman is proper, so I have no further suggestions.

The points in the explanation of the Work Committee Chairman should be adopted as detailed basic principles for legislative functions of the Pyidaungsu Hluttaw to be included in the Chapter “Legislature” in formulating the Constitution.

The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened not later than 45 days after the commencing date of general elections

YANGON, 7 Jan— The following is a translation of suggestions submitted to the plenary session of the National Convention by U Aung Thein of Ywangan Township Constituency, Shan State (South), regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the three Independent Representatives-elect — Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South); and U Tun Kyaw of Namhsan Township Constituency, Shan State (North)— on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I would like to present some points about the detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislature” in formulating the Constitution.

The National Convention has adopted a detailed basic principle that legislative powers of the State are vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw, and legislative power prescribed by the Constitution is vested in self-administered areas. One of the detailed basic principles for legislative formation says that the Pyidaungsu Hluttaw is made up of the Pyithu Hluttaw and the Amyotha Hluttaw. The two Hluttaws are formed separately, but they have to deal with each other in carrying out legislative functions, the major task of Hluttaws. Firstly, I would like to discuss matters on the convening of first regular sessions of the two Hluttaws. Some nations convene first regular sessions based on the elections, while some nations fix a date to convene first regular sessions. In this regard, if the date for elections is fixed based on the date of the first session of the Pyithu Hluttaw, there might be some difficulties. So, it should be fixed based on the date of the general elections. A detailed basic principle has been adopted that the term of the Amyotha Hluttaw is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the term of the Amyotha Hlluttaw expires. So, the term of the Amyotha Hluttaw comes into force on the date of the first session of the Pyithu Hlluttaw. Now, the State Peace and Development Council has to be exercising the three branches of State power due to various reasons. So, in my opinion, for ensuring systematization, the State Peace and Development Council will have to conven first sessions of the Pyithu Hluttaw and the Amyotha Hluttaw fromed under the Constitution. And Spekers and Deputy Speakerss of respective Hluttaws should be vested with the power to convene the first regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw in the terms after the Constitution comes into force.

The 1947 Constitution stated that the first session that gave birth to the tenure of the Pyithu Hluttaw should be convened not later than 60 days after the commencing date of general elections. But the nation’s present situation is much different from that of the 1947. The nation’s population at present is over 50 million, It has witnessed a significant development in all sectors. Because of the development of the transport infrastructure people can travel to any place at any time in a short period. In 2002, the nation had 621 Union highways and 18,640 miles of roads, up from 461 Union highways and 13,635 miles of roads in 1988. In addition to Yangon International Airport there are many other airports all over the nation. Because of the developments the time limit should be fixed at 45 days rather than 90 days. Thus, I would like to suggest that the detailed basic principle “The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened not later than 45 days after the commencing date of general elections” should be laid down.

I have gained much knowledge about the functions of the Pyithu Hluttaw and Amyotha Hluttaw including the taking of the oath by the members, convening of the sessions, validity of the meetings, the number of members required for approvals, decisions concerning the matters not included in the Constitution, and the voting right of the Speaker. In cases concerning the absence of the members from the hluttaw without leave, laws and bylaws should be enacted to take action against the members. In my view, the activities and records of the Pyithu Hluttaw and Amyotha Hluttaw should be released for the knowledge of the people. However, the activities and records that should be restricted under an act or the order of the Pyithu Hluttaw or Amyotha Hluttaw should not be released.

Matters relating to submission, approval, sending back and promulgation of the bills, the rights of the representatives of the Union level organizations and invited persons at the hluttaws, solving of disagreements between the Pyithu Hluttaw and Amyotha Hluttaw at the Pyidaungsu Hluttaw are included in the Work Committee Chairman’s clarification.

Except from my separate suggestions in which I have suggested to laid down a detail basic principle which states “The first session that gives birth to the tenure of the People’s Hluttaw shall be convened not later than 45 days after the commencing date of general elections” I am in support of adopting all the remaining detailed basic principles which in my view should be adopted as provisions for the Constitution.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006Jan7.htm