PROCEEDINGS OF THE NATIONAL CONVENTION

9 January 2006

From The New Light of Myanmar 10 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, 9 Jan — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township , Yangon Division, at noon 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, 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 10:30 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 Sai Tint Aung of Delegate Group of Peasants 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 San Tha Aung of Delegate Group of Representatives-elect, U Mann Ohn Maung of Delegate Group of National Races, 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 1,065 delegates out of 1,079 were present, accounting for 98.70 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 Kyaw Thant of the Ministry of Construction presented the proposals of Delegate Group of State Service Personnel.

(The presentation will be reported.)

Next, U Kyaw Hlaing of the Ministry for Progress of Border Areas and National Races and Development Affairs presented the proposals. The plenary session took a break.

(The presentation will be reported.)

When the plenary session resumed, U Thein Lwin of the Ministry of Finance and Revenue presented proposals of Delegate Group of State Service Personnel.

(The presentation will be reported.)

Next, proposals of Delegate Group of Other Invited Persons were presented. First, U Sai Khun Mein of Shwepyiaye (MTA) of Other Invited Persons presented the proposals. The plenary session took a break.

(The presentation will be reported.)

When the plenary session resumed U Hudston of Kayah State Special Region-2 presented the proposals.

(The presentation will be reported.)

Next, U Aung Myint of Shan State (North) Special Region-2 presented the proposals.

(The presentation will be reported.)

The Plenary Session of the National Convention adjourned at 3.40 pm.

The Plenary Session of the National Convention continues tomorrow at 9 am.

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Only when National Convention is completed successfully, will the Constitution be drafted.

If the Constitution emerges, the government can fulfils requirements of national races according to law for flourishing freedom, equality and fairness throughout nation

YANGON, 9 Jan — A mass meeting in support of the National Convention took place at Kandahaywun Marble Square in Loikaw, Kayah State , yesterday morning.

Four columns comprising members of Union Solidarity and Development Association from Loikaw, Dimawhso, Pruhso, Bawlake, Phasaung, Meisei, and Shadaw Townships , Women’s Affairs Organization, Maternal and Child Welfare Association, War Veterans Organization, Fire Brigade, nurses, teachers and representatives of social organizations and local people, totaling over 12,000 marched to the Square.

Advocate U Toe Yei presided over the meeting together with members of the panel of chairmen Vice-Chairman U Tun Kyaw of Kayinni National People’s Liberation Front Peace Group, Secretary U Mu Di of Kayinni National Unity and Solidarity Organization, towns elders U Than Maung, U P Maung Soe, U Khun Aung Khun and U Hla Myo Swe. Loikaw Township USDA Executive Daw Aye Aye Khaing and Loikaw Township USDA member Daw Mya Sanda Aung acted as MCs.

Meeting Chairman Toe Yei delivered an address. He said that the National Convention, which is the basic one of the seven-point Road Map, is being reconvened from 5 December 2005. The National Convention is shaping the necessary structures for the emergence of a peaceful, modern, developed and discipline-flourishing genuine democratic nation.

Tatmadaw Government had laid down Our Three Main National Causes as its policies — non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty. Furthermore, the government had laid down and is implementing 12 political, economic and social objectives for ensuring cent per cent development of all parts of the entire nation. In addition, the government is taking measures of peace and stability, economic growth and development of human resources that are basic needs in building the democratic nation.

It is known to all that the government is striving day and night for implementing the plans in all aspects of the country to keep abreast of other nations. In building the modern and developed democratic nation, progress of infrastructures will contribute to development of the upperstructures such as politics, administration, social, culture and democracy affairs. Moreover, emphasis was placed on ensuring national reconsolidation in the nation, accepting a concept that the strength of the nation lies within. Hence, 17 national race armed groups had returned to the legal fold.

While undertaking development of the nation, emphasis is being placed on emergence of a Constitution to be in conformity with religion, culture and customs of the national races and nature of the future State, on reviewing progress of current international status, and taking lessons of the past for shaping a discipline-flourishing democratic nation that people long for. In the past, two Constitutions were drawn in 1947 and 1974.

Due to weaknesses of these constitutions and commitments of racism and and religion, the nation faced the danger of the Union being disintegrated and losing Independence and sovereignty of the State. A Constitution comprising legislative, judicial and executive powers is to be drafted in accord with history, nationalism, religion and customs of the nation.

On 30 August 2003, the seven-point Road Map that people desire was adopted firmly.

It can be observed through media that altogether 1,080 delegates are attending the National Convention and holding discussions on basic principles and detailed basic principles for drafting the Constitution. The National Convention, in which delegates of the all strata and political parties including delegates of 17 armed groups that had returned to the legal fold are attending, plays a crucial role in the national politics.

Delegates of eight groups had laid down six objectives and 104 basic principles and are implementing them.

Only when the National Convention will reach its goal successfully, will the Constitution be drafted. If the Constitution emerges, the government can fulfill requirements of the national races according to law for flourishing freedom, equality and fairness throughout the nation.

Successful holding of the National Convention, the basis of the seven-point Road Map, is the national politics of the entire people.

In conclusion, the meeting chairman urged people of Kayah State to overcome any pressure and threat posed by internal and external destructive elements to be able to successfully convene the National Convention.

Afterwards, Kayah State War Veterans Organization Member WO Khin Maung Yi (Retd) tabled a motion calling for the support of the National Convention.

The National Convention is the genuine one and it plays an important role to draft the enduring Constitution essential for serving national interest. This is why, the 104 basic principles and the detailed basic principles have been adopted by the 1,080 NC delegates. The disturbances aimed at halting the National Convention had to be overcome through the strength and unity of the entire national people.

It can be seen that the delegates who are now attending the National Convention is 99.44 per cent and the enduring Constitution for the national interest becomes necessary in order not to cause disintegration of the Union due to the weakness of the past constitutions.

The National Convention has been systematically convened in accord with common desire through democratic practices.

The six objectives of the National Convention were also laid down for the emergene of the Constitution to lead the nation. It is essential for the Tatmadaw to play the political leadership role in the country because of lack of experience of people who would lead the transitional period. It can be seen that the 104 basic principles and the detailed principles coordinated at the National Convention are better than the previous ones. Thus, he supported the tasks for the emergence of the enduring constitution in accord with the six objectives and democracy system.

It is obvious to see that the State, on its part, invited the national race armed groups and political forces so that the National Convention can draft the Constitution rapidly.

Nowadays, Kayah State has been developing in all sectors including education, health and transport. Upholding Our Three Main National Causes, we wish successful convening of the National Convention for the emergence of the enduring new Constitution.

The seven-point Road Map has being implemented to develop the nation and, at the same time, the infrastructures needed for building the modern and developed nation have been constructed after laying down the short and long-term economic projects. That is why, the per capita incomes increase much compared to 1988-89. The rice production increased and motor roads, bridges, dams, railroads, airport, ports, and industrial zones proved to be development of the nation.

Besides, equitable development of areas including border areas has been achieved by implementing the five rural development tasks. All nationalities in Kayah State are actively participating in development tasks joining hands with Tatmadaw.

In conclusion, he seconded the motion to support the National Convention essential for emergence of the Constitution to build the modern, developed, discipline-flourishing democratic nation in order to be able to manage the economic, political, social and defence affairs in the long-term interests with legislative, judicial and administrative powers.

Advocate U Maung Maung Yu discussed that ongoing National Convention started in January 1993, and it is a fundamental programme for the emergence of an enduring State constitution. It reflects the wishes of the people and the essence of the national cause. So the National Convention is the one that represents the State and the entire mass of people.

No one cannot obstruct the National Convention as it is a milestone of national politics of a nation. Democracy cannot be shaped without a constitution. Many global nations are exercising the three branches of State power — legislative, judicial and executive powers after drawing their respective constitutions. In Myanmar also, its National Convention has given the first priority to the emergence of the State constitution. Taking lessons from the past, the National Convention is taking systematic measures to lay down detailed basic principles for the building of a modern and developed democratic nation. This is why the upcoming constitution will be more sophisticated and enduring than the previous ones. Now altogether 37 delegates of Kayah State are attending the National Convention. Nineteen delegates are representing the group of national races; two, the group of peasants; one, the group of workers; and 15, the group of peace group-6 from other invited guests. Therefore, it is obvious that the National Convention represents all strata of life. He said the State will have to march towards the goal of a democratic nation step by step in accord with the seven-point political Road Map. All the national people fully support the National Convention.

Daw Myint Than Oo, executive of Kayah State Women’s Affairs Organization tabled a motion in support of the National Convention. She said the National Convention is being held in accord with the six noble objectives to write a complete enduring constitution. Among the objectives, ‘Our Three Main National Causes’ — non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty — is the inborn duty of all citizens and they must always keep it in their mind. If they cannot be safeguarded, the country’s independence would be lost. If so, a lot of lives and many years would have to be sacrificed to regain the independence. This is why all the people are to safeguard the Union for its perpetual existence. The second objective — further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State — also has been desired by all national people. However, she said, there may be a controversy over the last objective, for the Tatmadaw to be able to participate in the national political leadership role of the State, as there are some who have little knowledge of Myanmar political history. It was the Tatmadaw that defended Our Three Main National Causes. The Tatmadaw saved the country many times when it faced the three periods of political turmoil in 1958, 1962 and 1988.

It is out of the question to practise a democracy with other person’s or organization’s constitution. At a time when the country’s transition into a democracy is still immature, the role of the Tatmadaw is still important for the national political leadership of the State as other single organization is not in a position to lead the country. So, the people’s delegates, the Tatmadaw and political parties are to work together for the nation’s democracy to reach its maturity.

Measures were taken before the start of the National Convention. And so far the NC has completed 70 percent of its work to frame a constitution. Therefore, all the people fully support the National Convention.
Next, U Soe Htwe, a native of Loikaw, tabled a motion in support of the National Convention, saying that the constitution is the lifeblood of a country. It must be beneficial to the State and consistent with the wishes of the people. Without a constitution, a genuine democracy with discipline flourishing cannot be shaped in a nation. So, National Convention delegates are striving for the emergence of an enduring constitution. In conclusion, he said all the people of Kayah State together with the government are participating in the drive for the success of the National Convention and they all fully support it.

Daw Aye Aye Mu, executive of Loikaw Township Maternal and Child Welfare Association tabled a motion in support of the National Convention. She said despite hindrances and disturbances from inside and outside the nation, the Tatmadaw government is striving day in, day out to shape a peaceful, modern and developed discipline-flourishing democratic nation. As a result, Myanmar is now on the way to its goal. At the same time the government is undertaking development projects in all sectors. It has been known to all that the political parties that won 1990 elections attended the National Convention when it was initially convened. However, the National Convention was suspended due to the acts of some persons who lacked Union Spirit. But the Tatmadaw government try to get political parties and national races from all walks of life to reconvene the National Convention. When it was reconvened on May 2004, it was attended by 1086 delegates. The delegates have held discussions and coordinated matters. So far, points on important sectors have been adopted. This is why on behalf of Kayah national people, she said she fully supported the National Convention.

Executive of Kayah State USDA U Maw Rah discussed that Kayah State is located in the eastern part of Myanmar and Kachin, Kayin, Chin, PaO, Bamar, Mon, Rahkine and Shan nationals are living in unity in the state.

Although Kayah State is rich in natural resources, the state lagged behind in developments due to the divide-and-rule policy of colonialists. At present, Kayah State is enjoying the fruits of development thanks to the efforts of the Tatmadaw Government.

The Government designated 24 development regions for the equitable development of the regions in the Union . During the time of the Tatmadaw Government, armed groups returned to the legal fold and they are participating in implementing the development tasks joining hands with the Government.

A total of 37 delegates representing the groups who exchanged arms for peace, national races, farmers and labours in Kayah State are participating in the National Convention. All national races in Kayah State believe that the delegates will serve the interests of the state. Hence, he seconded the motion to support the National Convention. Afterwards the meeting chairman sought the approval from the mass meeting. Later the meeting ended with chanting of the slogans.

It is appropriate to take action against a member of the Pyithu Hluttaw in accord  with the law and bylaws of the Pyithu Hluttaw and against a member of the Amyotha Hluttaw  in accord with the law and bylaws of the Amyotha Hluttaw

YANGON, 9 Jan — The following is a translation of suggestions of Delegate Group of National Races submitted to the plenary session of the National Convention by U Shi Thi of Sagaing Division 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 on 5 January at Nyaunghnapin Camp in Hmawby Township , Yangon Division.

We are going to present our suggestions based on the clarification made by the National Convention Convening Work Committee Chairman at the plenary session of the National Convention concerning the detailed basic principles for legislation of the Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw and Region and State Hluttaws. The delegate group of peasants comprises various nationalities and people of all walks of life from 63 districts in 14 states and divisions. Taking the bitter experiences of the past as lessons and reviewing the present objective conditions correctly, we of the delegate group compiled our paper with firm resolve for emergence of a durable constitution that ensures the perpetuation and unity of the Union .

We present the paper in support of the clarification made by the Work Committee Chairman. In addition, there may be some other suggestions we believe members of the panel of chairmen can use as necessary if they assume them appropriate. We will accept with pleasure if the panel of chairmen explains the matters that can be inclusive at the respective hluttaws according to the law. Please let us know if there are matters which can be mentioned as directive principles. In our view the powers and functions of the President should include the power to convene the Pyidaungsu Hluttaw. The President should also have the power to inform the Speaker about the convening of the special session or emergency session.

Means should be prescribed for the casting of votes and approvals at the Pyidaungsu Hluttaw concerning the non-specific matters that need the decision and approval of the Pyidaungsu Hluttaw. In our view, a detailed basic principle concerning the majority vote of the Pyidaungsu Hluttaw members to decide a non-specific matter in the Pyidaungsu Hluttaw should be also laid down. The right to vote of the Pyidaungsu Hluttaw Speaker who is also a member of the Hluttaw should also be prescribed.

We assume that it is appropriate to take action against a member of the Pyithu Hluttaw in accord with the law and bylaws of the Pyithu Hluttaw and against a member of the Amyotha Hluttaw in accord with the law and bylaws of the Amyotha Hluttaw. The Pyidaungsu Hluttaw should inform the respective hluttaws about the matter without taking action against the member concerned.

In accordance with our paper on suggestions concerning the legislation of the Pyidaungsu Hluttaw we present a compilation of the detailed basic principles that should be adopted as follows;

(1) “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.”

(2) “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”

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(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.

(4) “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary”

(5) “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”

(6) “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”

(7) (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.”

(8) (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.

(9) “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.”

(10) “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 reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or  under its authority shall be privileged

YANGON, 9 Jan— The following is a translation of suggestions of Delegate Group of National Races submitted to the plenary session of the National Convention by Daw San San Htay of Ayeyawady Division 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 on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

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.

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.

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.

When the Pyidaungsu Hluttaw enacts a law, it shall entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution and authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

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. 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.

If a decision is made to annul or amend any of the rules, regulations or bylaws, the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.

The Pyidaungsu Hluttaw shall give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President and 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.

If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall make a decision to approve it or not, and fix the ordinance’s expiary date if the Pyidaungsu Hluttaw approves the ordinance.

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.

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.
The President shall sign the bills and shall promulgate them into law.

The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments.

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 be become an Act in like manner as if he had signed it.

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 the President’s comments.

The President shall sign the bill and enact it into an Act 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.

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 be 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.

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 supervise the Pyidaungsu Hluttaw sessions, invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw, 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, and 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.

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.

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.

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.

In accordance with our paper on suggestions concerning the legislation of the Pyidaungsu Hluttaw we present a compilation of the detailed basic principles that should be adopted as follows;

(1) “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.”

(2) “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”

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President

(b) Reading out and 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.

(4) “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary”.

(5) “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”.

(6) “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”.

(7) (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.”

(8) (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.

(9) “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.”

(10) “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”

(11) “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.”

(12) (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.

Proposals to be published

YANGON, 9 Jan — Delegate Group of State Service Personnel presented proposals on the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyuthu Hluttaw, Amyotha Hluttaw, and Region or State Hluttaws today at the Plenary Session of the National Convention at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township , Yangon Division. The proposals made by U Kyaw Thant of Ministry of Construction, U Kyaw Hlaing of Ministry for Progress of Border Areas and National Races and Development Affairs, U Thein Lwin of Ministry of Finance and Revenue, U Sai Khun Mein of Shwepyiaye (MTA), U Hadston of Kayah State Special Region-2 and U Aung Myint of Shan State (North) Special Region-2 will be published in this newspaper.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006Jan9.htm