PROCEEDINGS OF THE NATIONAL CONVENTION

12 January 2006

From The New Light of Myanmar 13 January 2006

The Plenary Meeting of National Convention Continues

National Convention Convening Commission holds meeting No 1/2006

Delegates from eight groups hold group-wise discussions and are compiling proposal papers

YANGON, 12 Jan — The meeting No 1/2006 of the National Convention Convening Commission was held at the meeting room of the NCCC at the Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today and it was attended by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein, Vice-Chairmen Chief Justice U Aung Toe and Minister for Electric Power Maj-Gen Tin Htut, Secretary of the National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan. U Myint Thein, Joint Secretary-2 of the Commission and Director-General of the Office of the Pyithu Hluttaw, emceed the meeting.

In his address at the meeting, NCCC Chairman Secretary-1 of the State Peace and Development Council said that the National Convention started on 5 December, 2005, that it had been held for over five weeks now and that the National Convention was making good progress. He continued that, if we reviewed the work done by the National Convention since it was resumed in 2004, it was found that detailed basic principles on sharing of legislative power, executive power and judicial power to be drafted into the Constitution had been successfully laid down. Moreover, the Work Committee had already clarified the detailed basic principles on legislative power of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and region or state hluttaws to the National Convention and eight delegate groups had made discussions and gave advice on the clarifications of the Work Committee.

He said the National Convention Work Committee clarified detailed basic principles for laying down rights and responsibilities of the citizens and for the role of the Tatmadaw in drafting the State Constitution.

In connection with this, the delegates from eight groups held group-wise discussions and are compiling proposal papers.

He spoke of the need for the commission to study and prepare for seven chapters, namely, election, political parties, provisions on emergency, amendment of the constitution, the State Flag, the emblem, the anthem and the capital, provisions of transitional periods and miscellaneous provisions.

He said the National Convention Convening Commission, Work Committee and Management Committee are to discharge their functions until the National Convention ends and to make arrangements for convenience of the delegates regarding meals, health and accommodation.

Next, members of the commission discussed papers presented by the Work Committee and matters to be submitted to the National Convention Plenary Session.

Chairman of the commission the Secretary-1 took part in the discussions. The meeting ended at 11.30 am.

Delegate Groups hold meetings to compile proposals

YANGON, 12 Jan — Delegate Groups of the National Convention — the Delegate Group of Peasants, the Delegate Group of Workers, the Delegate Group of Intellectuals and Intelligentsia, the Delegate Group of State Service Personnel and the Delegate Group of Other Invited Persons — held their group meetings at designated hall of Nyaunghnapin Camp in Hmawby Township today.

Delegate Group of Peasants

The Delegate Group of Peasants held its meeting at the hall-4 this morning. U Mya Aye of Yangon Division presided over the meeting together with members of the panel of chairmen U Sai Tint Aung of Shan State (North) and U Kan Nyunt of Sagaing Division. Deputy Director U Myint Kyaing and Assistant Director Daw Myint Sein of Work Group-6 of the National Convention Convening Work Committee acted as MCs.

Cent per cent delegates attended the meeting. First, meeting chairman U Mya Aye of Yangon Division delivered a speech.

Next, the meeting set up a proposal compilation committee and assigned duties to it to submit the proposal on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting ended with concluding remarks by the meeting chairman.

After the meeting, the proposal compilation committee and members of the panel of chairmen held a discussion.

Delegate Group of Workers

The Delegate Group of Workers held its meeting at the hall-5. The meeting was presided over by U Khin Maung Aye of Sagaing Division together with members of the panel of chairmen U Kyaw Myo Win of Bago Division (West) and U Kyaw Win Tun of Mandalay Division. Deputy Director U Zaw Win and Assistant Director U Aung Win of Work Group-7 of the National Convention Convening Work Committee acted as MCs.

The meeting was opened with an address by meeting chairman U Khin Maung Aye.

Members of the Panel of Chairmen of the group Dr Myo Thant Tin of Yangon Division and U Bo Thein of Shan State (East) explained clarification made by the Chairman of NCC Work Committee concerning detailed basic principles for the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting chairman gave the concluding remarks.

After the meeting, members of the proposal compilation committee and members of the panel of chairmen compiled the proposal to be submitted to the plenary session of the National Convention.

Delegate Group of Intellectuals and Intelligentsia

The meeting of the Delegate Group of Intellectuals and Intelligentsia took place at the hall-6 this morning. President of Myanmar Academy of Agriculture, Forestry, Livestock and Fisheries Sciences U Tin Hlaing together with members of the panel of chairmen Film Director U Khin Zaw and President of Myanmar Academy of Technological Academy Dr U Thein Oo Po Saw.

The meeting chairman gave an opening speech.

The meeting formed two proposal compilation groups and assigned duties to them to submit the proposal on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution. Next, they compiled the proposals.

Delegate Group of State Service Personnel

The Delegate Group of State Service Personnel held its meeting at the hall-7. Dr Daw Myat Myat Ohn Khin of the Ministry of Health presided over the meeting together with members of the panel of chairmen U Myat Ko of the Ministry of Home Affairs and U Hla Tin of the Ministry of Commerce.

The meeting was opened with a speech by the meeting chairman.

All the participants took part in the discussions to submit the proposal of the Delegate Group of State Service Personnel on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

Group of Other Invited Persons

The meeting of the Group of Other Invited Persons was held at the meeting hall-8. U Aung Kham Hti of Shan State (South) Special Region-6 together with members of the panel of chairmen Secretary of Myanmar History Commission U Tun Aung Chein and U Paw Laik Kham of Shan State (North) Special Region-2 presided over the meeting.
U Aung Kham Hti gave an opening speech.

The delegates assigned the duties to the proposal compilation committee for compiling a proposal of the group on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

The meeting ended with the concluding remarks.

The detailed basic principles to be adopted meet the standard of the international principles

YANGON, 12 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 Sai Thein Aung of Kachin State 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.

I will now submit the delegate group’s suggestions on the detailed basic principles concerning the legislation of the Region and State Hluttaws that should be adopted for the Constitution.

The Work Committee Chairman explained the 28 detailed basic principles for legislation of the Pyidaungsu Hluttaw, 19 detailed basic principles for legislation of the Pyithu Hluttaw and Amyotha Hluttaw and 23 detailed basic principles for the legislation of the Region and State Hluttaws point by point. In addition the Work Committee Chairman explained the necessary sessions of the 1947 Constitution and related articles of the 1974 Constitution and important fact about the constitutions of the world nations.

At the plenary session of the National Convention, the Work Committee Chairman gave a comprehensive clarification on the legislation of the Region and State Hluttaws.

Thus, in my view, the following detailed basic principles as clarified by the Work Committee Chairman should be adopted as the provisions of the Constitution.

1. (a) The day the tenure of region or state Hluttaws comes into force is that of the People’s Hluttaw.

(b) The first regular meeting of region and state Hluttaws shall begin in 15 days after the commencement of the tenure of the Hluttaws.

2 (a) The State Peace and Development Council shall call the first regular meeting of region or state Hluttaws after the State Constitution has gone into force.

(b) The present Speaker of region or state Hluttaws shall call the first regular session for the next tenures of region or state Hluttaw in accordance with the provisions of the State Constitution.

3. (a) Representatives of region or state Hluttaws shall take oaths in front of the Speaker of region or state Hluttaws at the first regular meeting of region or state Hluttaws.

(b) Representatives of region or state Hluttaws who failed to attend the first regular meeting for various reasons shall take oaths at the meeting they attend for the first time before the meeting chairman.

4. The Speaker of the region or state Hluttaw shall call 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.

5. (a) Recording the speeches delivered by the State president

(b) Reading and recording messages sent by the State president and other messages sent under the permission of the chairman.

(d) Submission, discussing and approval of draft of law

(e) Dealing with or judgment on matters region or state Hluttaws shall carry out in line with provisions of the constitution and an existing law

(f) Discussion, judgment and recording the reports to be submitted to region or state Hluttaws

(g) Submission, discussion and judgment of proposals

(i) Raising queries and replying them

(j) Carrying out matters permitted by chairmen of region or state Hluttaws

6. (a) Speakers of respective region or state Hluttaws shall have the right to call a special or emergency meeting of region or state Hluttaws.

(b) Speakers of respective region or state Hluttaws shall call a special or emergency meeting of region or state as soon as possible in the directive of the Prime Minister for region or state.

(c) Speakers of respective region or state Hluttaws shall call a special meeting of region or state as soon as possible if at least one-fourths of the members of region or state Hluttaws call for a meeting of region or state Hluttaw.

7. (a) The first day meeting of the region or state Hluttaws shall be considered to be valid if more than half the number of members who have the right to attend the sessions of the region or state Hluttaws, are present. If the meeting is not valid it shall be postponed.

(b) The postponed meetings and the valid meetings, that are extended, shall be considered to be valid if at least one-thirds of the members, who have the right to attend a meeting of region or state Hluttaws, are present.

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the region or state Hluttaws 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 or the Deputy 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.

9. The region or state Hluttaw may declare the seat of the region or state Hluttaw member vacant in accord with the rules prescribed if he is absent, without asking the region or state Hluttaw for leave, from a session of the region or state Hluttaw for at least 15 days successively. In computing the absent 15 days from a session of the region or state Hluttaw, the postponed period of the session shall not be included.

10. A region or state Hluttaw shall have the power to act despite some vacancies in the membership. Any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an unentitled person attended a session, voted, or took part in the functions.

11. The activities and records of the region and state Hluttaws 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 region and state Hluttaws shall not be released.

12. Region and state Hluttaws have the right to make laws that cover entire or part of the region or state in the matters stated in the Region or State Legislative List.

13. (a) (1) to invest a region or state level body formed under the Constitution with the power to release bylaws, rules and regulations derived from that law

(2) to invest a body concerned or an authorized body with the power to release notifications, orders, directives and producers derived from that law

(b) bylaws, rules, regulations, notifications, orders, directives and producers enacted under the power entrusted by a law shall be in conformity with the provisions of the Constitution and respective laws

(c) after releasing a bylaw, rule or regulation enacted under the law promulgated by region or state Hluttaw, the body concerned shall, under the permission of the Speaker, submit the bylaw, rule or regulation to members at the nearest session of region or state Hluttaw

(d) if it is found out that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members shall have the right to submit a proposal to region or state Hluttaw within 90 days from the date the bylaw, rule or regulation is released so as to abolish the bylaw, rule or regulation

(e) if region or state Hluttaw decides to nullify or amend a bylaw, rule or regulation, it shall not harm the matters carried out before abrogation of the bylaw, rule or regulation
14. (a) matters that calls for decisions and approval of region or state Hluttaw shall be:

(1) at the ongoing session if region or state Hluttaw is in session

(2) at the nearest session if region or state Hluttaw is not in session

(3) at a special or emergency meeting in the interests of the people if they need to be tackled urgently

15. (a) Region and state level bodies formed under the Constitution shall, of the matters stated in the Region and State Legislative List, have the right to submit bills on matters solely administered by region or state government, to region or state Hluttaw in accord with the procedures prescribed.

(b) Regional plans, annual budget and taxation matters that region and state government shall have the right to solely submit, shall be presented to region or state Hluttaw in accord with the procedures prescribed.

16. Region and state Hluttaws shall make a decision if region and state governments submit budget of region or state in accord with the procedures prescribed Region or state Hluttaws shall make a decision if region or state governments submit budget of region or state in accord with the procedures prescribed.

17. Region or state Hluttaws shall make a decision if region or state governments submit budget of region or state in accord with the procedures prescribed.

18. (a) Region or state chief minister shall—

(1) sign and declare the bills approved by region or state Hluttaw, as a law within seven days from the date of reception.

(2) the bills approved by self-administered divisions or self-administered regions shall be declared as a law within 14 days from the date of reception.

(b) Even though chief minister fails to ratify the bills in a fixed period, the bills shall be a law on the date after the expiry of the period as if prime minister ratified the bills.

(c) The laws ratified by region or state prime minister and the laws that are to be assumed as if ratified by region or state prime minister shall be declared in the State Gazette. This law is attached with no separate statements, it shall be come into force commencing from the date of declaration.

19. (a) Among the members representing a region or state level body formed under the Constitution, members of region or state Hluttaw shall have the right to hold discussions and vote to resolve the bills or matters related to their bodies at the Hluttaw sessions.

(b) Among the members representing a region or state level body formed under the Constitution, members of bodies who are not Hluttaw members shall have the right to hold discussions to resolve the bills or matters related to their bodies at the Hluttaw sessions under the permission of the Hluttaw Speaker.

20. The Speaker of region or state Hluttaw shall—

(a) supervise sessions of region or state Hluttaw

(b) invite the President of the State if he informs he wishes to deliver a speech at a session of region or state Hluttaw

prime minister informs he wishes to deliver a speech

(d) have the right, if necessary, to invite a member or a person representing a region or state level body to a session of the region or state Hluttaw to make clarification at the region or state Hluttaw

(e) resolve duties and powers entrusted under the Constitution or a law

21. (a) Subject to the provisions of the Constitution and region and state Hluttaw Act, members of region and state Hluttaws shall have the freedom of speech and vote at region and state Hluttaw, and at the committee and body formed by themselves. Action shall be taken against a member under region or state Hluttaw Act not under other laws if action is necessary regarding discussions and activities at region or state Hluttaw, and Hluttaw committees and bodies.

(b) Subject to the provisions of the Constitution and region and state Hluttaw Act, members or persons representing region or state level body formed under the Constitution who are permitted or invited to a session of region or state Hluttaw shall have the freedom of speech at region and state Hluttaw and at the committees formed by region and state Hluttaw. Action shall be taken against members or persons of region or state Hluttaw and the committees and the committees and bodies formed by region or state Hluttaw under region or state Hluttaw Act not under other laws if action is necessary regarding discussions and activities at region or state Hluttaw and at the committees and bodies formed by region or state Hluttaw.

(c) Action shall be taken against members and persons stated in the paragraphs (a) and (b) in accord with the laws if they commit physical attack in enjoying such a privilege

22. (a) Reliable evidences shall be submitted to the Speaker of region or state Hluttaw if action is necessary to arrest a member of region or state Hluttaw attending a session of region or state Hluttaw or a person attending that meeting under the permission or invitation of the Hluttaw Speaker. No such arrest shall be made without a prior approval of the region or state Hluttaw Speaker.

(b) Reliable evidences shall be submitted to the Speaker of the Hluttaw concerned through the committee or the head of the committee if action is necessary to arrest a member of the committee or body attending a session of the committee or body formed by region or state Hluttaw. No such arrest shall be made without a prior approval of the Hluttaw Speaker.

(c) Reliable evidences in support thereof shall be submitted to the Speaker of region or state Hluttaw as soon as possible if a member of region or state Hluttaw is arrested while region or state Hluttaw, or committee and body formed by region or state Hluttaw are not in session

23. No person shall be liable to in respect of reports, publications and Hluttaw records published and distributed by or under the permission of region or state Hluttaw.

Now I would like to present a separate suggestion.

At a meeting, a hluttaw member can stay neutral without casting his vote for the group supporting a matter or the group opposing the same matter. It is an international practice of the parliamentary meetings of world nations and the meetings of the UN bodies.

I present my suggestion in support of the detailed basic principle “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”. The detailed basic principle should be adopted.

In my view, the detailed basic principle of the para 8 (a) of the legislation of the Pyidaungsu Hluttaw, the detailed basic principle of the para 7 (a) (i) of the legislation of the Pyithu Hluttaw and Amyotha Hluttaw and the detailed basic principle of the para 8 (a) of the legislation of the Region and State Hluttaws should be added with the prescription “A hluttaw member shall stay neutral if he wishes to stay neutral without casting his vote”.

The detailed basic principles to be adopted meet the standard of the international principles. The detailed basic principles ensure freedom of expression at the hluttaws, express the duties and rights of the hluttaw members. We are pleased to see that the Work Committee laid down 70 detailed basic principles after studying a wide array of sectors including international practices n drafting a constitution, historical lessons of Myanmar , and the matters concerned from various angles. The delegate group of peasants firmly support the detailed basic principles explained by the Work Committee Chairman.

“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” is appropriate

YANGON, 12 Jan— The following is a translation of suggestions of Delegate Group of Peasants submitted to the plenary session of the National Convention by U Min Lun Aung of Mon State 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 delegate group of peasants see the detailed basic principle “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” appropriate to be laid down for the constitution.

Concerning the Pyidaungsu Hluttaw regular session, the point “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 detailed basic principle to be stipulated in the Constitution.

The delegate group of peasants agree that the detailed basic principle “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” should be adopted.

In our view the adoption of the detailed basic principle “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” is appropriate.

Concerning the number of hluttaw members required to call the Pyidaungsu Hluttaw, we support that the detailed basic principle “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”.

The delegate group finds the para 7 and its sub paras appropriate to be adopted as detailed basic principle. In connection with the voting, the following detailed basic principle should be adopted:

“(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.”

As regards the absence without leave of the hluttaw members and vacant seats, we would like to adopt the para 9 and para 10 as detailed basic principles for the Constitution.

Concerning the detailed basic principle “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” we find it suitable for the Constitution. Similarly, we are in support of the paras 12, 13, 14, 15, and 16 the Chairman of the National Convention Convening Work Committee explained at the plenary session of the National Convention.

As for the detailed basic principle “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” we find its appropriate for the Constitution. The points stated in the para 8 are also appropriate for the Constitution.

In connection with the disagreements between the Pyithu Hluttaw and the Amyotha Hluttaw, the detailed basic principle “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” should be adopted. We are in support of the detailed basic principle stated in the paras 20 and 21 which concern the approval of the bills to be promulgated as Acts and sending back of the bills to the Pyidaungsu Hluttaw.

As regards the promulgation of the Acts in the gazette, we find the detailed basic principle “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” suitable for the Constitution.

The detailed basic principle “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” concerning the representatives of the Union level organizations should be adopted. We have no objection to the points of the para 24 explained by the Work Committee Chairman.

Concerning the rights of the Union level organizations to make submissions at the Pyidaungsu Hluttaw, we agree that the detailed basic principle “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” should be adopted. Moreover, we have no objections to the paras 26 and 27.

Concerning the records, we agree that the detailed basic principle “The reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged” should be adopted.

As the delegate group finds the 28 points explained by the Work Committee chairman complete and comprehensive, it sees them appropriate for the Constitution, and the group has no further suggestions. Now U Saw Lin Aung, a delegate of peasants, of Nyaunglebin Township , Bago Division will present the sector concerning the legislation of the Pyithu Hluttaw and Amyotha Hluttaw.

As the delegate group find the 19 points explained by the Work Committee Chairman complete and comprehensive, it sees them appropriate for the Constitution

YANGON, 12 Jan— The following is a translation of suggestions of Delegate Group of Peasants submitted to the plenary session of the National Convention by U Saw Lin Aung of Bago 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.

In connection with the first session of the two hluttaws, we are in support of the following detailed basic principle:

(a) The first session that gives birth to the tenure of the People’s Hluttaw shall be convened not later than 90 days after the commencing date of general elections.

(b) (1) The day the tenure of the National Hluttaw comes into force is the day the tenure of the People’s Hluttaw starts.

(2) The first session of the National Hluttaw shall be launched not later than seven days after the start of the tenure of that Hluttaw.

The delegate group of peasants support the detailed basic principles concerning the convening of the Pyithu Hluttaw and the Amyotha Hluttaw by the State Peace and Development Council and the Speaker and the taking of the oath by the hluttaw members.

The delegate group is in support of the explanation made by the Work Committee Chairman in connection with the fixing of time limit for intervals which says, “(a) The Speaker of the People’s Hluttaw shall call regular session of the People’s Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months” and “(b) The Speaker of the National Hluttaw shall call regular session of the National Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months”. We also find that Work Committee Chairman’s clarification concerning the para 5, para, 6, para 7 and para 8 should be adopted as detailed basic principles.

As regards the vacant seats, we would like to adopt the detailed basic principle “(a) The People’s 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” and “(b) The National 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”.

The clarification of the Work Committee Chairman on reports of the functions of the Pyithu Hluttaw and Amyotha Hluttaw, we are in support of adopting the detailed basic principle “(a) The activities and records of the People’s 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 People’s Hluttaw shall not be released” and “(b) The activities and records of the National 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 People’s Hluttaw shall not be released”.

As we have come to understand the Work Committee Chairman’s clarification on the presentation of the bill, we agree that the detailed basic principle “(a) Except the matters prescribed in the constitution that must be submitted to and judged only at the Union Hluttaw, with respect to the remaining matters prescribed in the Union Legislative List, bills should be submitted initially to the People’s Hluttaw” and “(b)Except the matters prescribed in the constitution that must be submitted to and judged only at the Union Hluttaw, with respect to the remaining matters prescribed in the Union Legislative List, bills should be submitted initially to the National Hluttaw” should be adopted.

We are in support of the para 12 concerning the releasing of bylaws and rules and regulations, para 13 in connection of the submission of the bills to the two hluttaws, para 14 for the rights of the two hluttaws, para 15 concerning the rights of the representatives of Union level organizations, and para 16 on the powers and functions of the Speaker that were explained by the Work Committee Chairman.

As regards the case in which a hluttaw member should be arrested, we are in support of the following detailed basic principle:

(a) (1) If it is needed to arrest a member of the People’s Hluttaw who is attending a session of the People’s Hluttaw or a person who is attending that session under the permission or invitation of the Speaker, reliable evidences shall be submitted to the Speaker of the People’s Hluttaw. No such arrest shall made without prior approval of the Speaker of the People’s Hluttaw.

(2) If it is needed to arrest a member of a committee, commission, or body of the People’s Hluttaw who is attending a session of the commission or body formed by the People’s Hluttaw, reliable evidence shall be submitted to the Speaker of the People’s Hluttaw through the head of the committee, commission, or body. Such arrest shall not made with prior approval of the Speaker of the People’s Hluttaw.

(3) If a member of the People’s Hluttaw is arrested when the People’s Hluttaw or the committee of the People’s Hluttaw or the commission and body formed by the People’s Hluttaw are not in session, reliable evidences in support of such arrest shall be submitted to the Speaker of the People’s Hluttaw.

(b) (1) If it is needed to arrest a member of the National Hluttaw who is attending a session of the National Hluttaw or a person who is attending that session under the permission or invitation of the Speaker, reliable evidences shall be submitted to the Speaker of the National Hluttaw. No such arrest shall be made without prior approval of the Speaker of the National Hluttaw.

(2) If it is needed to arrest a member of a committee, commission, or body of the National Hluttaw who is attending a session of the commission or body formed by the National Hluttaw, reliable evidence shall be submitted to the Speaker of the National Hluttaw through the head of the committee, commission, or body. Such arrest shall not made with prior approval of the Speaker of the National Hluttaw.

(3) If a member of the National Hluttaw is arrested when the National Hluttaw or the committee of the National Hluttaw or the commission and body formed by the National Hluttaw are not in session, reliable evidences in support of such arrest shall be submitted to the Speaker of the National Hluttaw.

Regarding the publications, we find the detailed basic principle “(a) No person shall be liable to in respect of reports, publications and records published and distributed by or under the authority of the People’s Hluttaw” and “(b) No person shall be liable to in respect of reports, publications and records published and distributed by or under the authority of the National Hluttaw” appropriate to be adopted.

As the delegate group find the 19 points explained by the Work Committee Chairman complete and comprehensive, it sees them appropriate for the Constitution, and the group has no further suggestions. Now U Myint Kyaw of Pyinmana Township , Mandalay Division, will present the remaining part of the suggestions.

All the delegates of the group after making discussions have agreed all the 28 detailed basic principles for legislation of Pyidaungsu Hluttaw, 19 detailed basic principles for legislation of Pyithu Hluttaw and Amyotha Hluttaw and 23 detailed basic principles for legislation of Region and State Hluttaws

YANGON, 12 Jan— The following is a translation of suggestions of Delegate Group of Peasants submitted to the plenary session of the National Convention by U Myint Kyaw of Mandalay 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.

I will now present our group opinion on the legislation of the Region and State Hluttaws.

We of the delegate group of peasants are in support of the clarification made by Work Committee Chairman in connection with the tenure of the Region or State Hluttaw, which says, “(a) The day the tenure of region or state Hluttaws comes into force is that of the People’s Hluttaw” and “(b) The first regular meeting of region and state Hluttaws shall begin in 15 days after the commencement of the tenure of the Hluttaws”.

Concerning the task of convening the hluttaw by the State Peace and Development Council and the Speaker, we agree that the detailed basic principle “The State Peace and Development Council shall call the first regular meeting of region or state Hluttaws after the State Constitution has gone into force” and “(b) The present chairman of region or state Hluttaws shall call the first regular session for the next tenures of region or state Hluttaw in accordance with the provisions of the State Constitution” should be adopted.

As regards the taking of oath by the hluttaw members, we find the detailed basic principle “(a) Representatives of region or state Hluttaws shall take oaths in front of the chairman of region or state Hluttaws at the first regular meeting of region or state Hluttaws” and “(b) Representatives of region or state Hluttaws who failed to attend the first regular meeting for various reasons shall take oaths at the meeting they attend for the first time before the meeting chairman” suitable for adoption.

Concerning the maximum time limit between the two hluttaw session, the detailed basic principle “The Speaker of the region or state Hluttaw shall call 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” should be adopted. Moreover we find the points stated in the para 5 appropriate.

As regards the emergency sessions and special session, the detailed basic principle “(a) Speakers of respective region or state Hluttaws shall have the right to call a special or emergency meeting of region or state Hluttaws” “(b) Speakers of respective region or state Hluttaws shall call a special or emergency meeting of region or state as soon as possible in the directive of the Prime Minister for region or state” and “(c) Speakers of respective region or state Hluttaws shall call a special meeting of region or state as soon as possible if at least one-fourths of the members of region or state Hluttaws call for a meeting of region or state Hluttaw” should be adopted.

In connection with the validity of the sessions, we would like to adopt the detailed basic principle “(a) The first day meeting of the region or state Hluttaws shall be considered to be valid if more than half the number of members who have the right to attend the sessions of the region or state Hluttaws , are present. If the meeting is not valid it shall be postponed “and “(b) The postponed meetings and the valid meetings, that are extended, shall be considered to be valid if at least one-thirds of the members, who have the right to attend a meeting of region or state Hluttaws, are present.”

Concerning the voting, the delegate group is in support of the detailed basic principle “(a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the region or state Hluttaws shall be determined by a majority of votes of the members present and voting” and “(b) The Speaker of the region or state Hluttaw or the Deputy Speaker discharging duties as the Speaker or the Deputy 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.”

As for the maximum days permitted for absence without leave, the detailed basic principle “The region or state Hluttaw may declare the seat of the region or state Hluttaw member vacant in accord with the rules prescribed if he is absent, without asking the region or state Hluttaw for leave, from a session of the region or state Hluttaw for at least 15 days successively. In computing the absent 15 days from a session of the region or state Hluttaw, the postponed period of the session shall not be included” is appropriate. We are also in support of the detailed basic principle “A region or state Hluttaw shall have the power to act despite some vacancies in the membership. Any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an unentitled person attended a session, voted, or took part in the functions”.

The delegate group agree that the detailed basic principles “The activities and records of the region and state Hluttaws 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 region and state Hluttaws shall not be released” and “Region and state Hluttaws have the right to make laws that cover entire or part of the region or state in the matters stated in the Region or State Legislative List” should be adopted.

Concerning the matters that need approval of the Region or State Hluttaw, we are in favour of adopting the following detailed basic principle:

(a) matters that calls for decisions and approval of region or state Hluttaw shall be:

(1) at the ongoing session if region or state Hluttaw is in session

(2) at the nearest session if region or state Hluttaw is not in session

(3) at a special or emergency meeting in the interests of the people if they need to be tackled urgently.

Concerning the bills the detailed basic principle “(a) Region and state level bodies formed under the Constitution shall, of the matters stated in the Region and State Legislative List, have the right to submit bills on matters solely administered by region or state government, to region or state Hluttaw in accord with the procedures prescribed” and “(b) Regional plans, annual budget and taxation matters that region and state government shall have the right to solely submit, shall be presented to region or state Hluttaw in accord with the procedures prescribed” should be adopted. The group support the para 16 and para 17 as explained by the Work Committee Chairman.

We are in favour of adopting the detailed basic principle concerning the chief minister which states as follows:

(a) region or state chief minister shall-

(1) sign and declare the bills approved by region or state Hluttaw, as a law within seven days from the date of reception.

(2) the bills approved by self-administered divisions or self-administered regions shall be declared as a law within 14 days from the date of reception.

(b) even though chief minister fails to ratify the bills in a fixed period, the bills shall be a law on the date after the expiry of the period as if prime minister ratified the bills

We also find the paras 19, 20, 21 and 22 suitable for the Constitution. As regards the publications, we are in support of adopting the detailed basic principle The reports, papers and hluttaw records published by the Region or State Hluttaw or under its authority shall be privileged.”

Source (with pictures): http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2012.htm