From
The New Light of Myanmar 15
January 2006
The Plenary Meeting of National Convention Continues
All the members of the delegate group unanimously approve to adopt the 28 paras and their sub paras as detailed basic principles
YANGON, 14 Jan— The following is a translation of suggestions of Delegate Group of Intellectuals and Intelligentsia submitted to the plenary session of the National Convention by U Aung Thein of the Ministry of Construction 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 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
According to the new constitution there will be seven regions and seven states, one self-administered division and five self-administered zones in the country. There will be Region Hluttaws and State Hluttaws, and the Pyidaungsu Hluttaw comprises of the Pyithu Hluttaw and Amyotha Hluttaw. The self-administered areas will also have the legislative power in accordance with the provisions of the constitution. Thus, the national people will be able to exercise the sovereign power to a greater degree under the new constitution. The National Convention Convening Work Committee Chairman explained the detailed basic principles for legislation of the Pyidaungsu Hluttaw on 13 December 2005. The Chairman presented the clarification after studying the 1947 Constitution, 1974 Constitution, constitutions of the world nations and other related and important sectors. Thus, all the 28 detailed basic principles for the legislation of the Pyidaungsu Hluttaw are in conformity with the nation’s objective conditions, and we would like to suggest that they all should be adopted.
The paras 1 and 2 of the 28 detailed basic principles concern the convening of the first session of the Pyidaungsu Hluttaw by the Speaker and the maximum time limit for intervals, the para 3, the task of the Pyidaungsu Hluttaw including recording of the address of the President, reading recording of the President’s messages, bill submission, making of decisions, submission of proposals, questions and answer sessions and work implementation, and the paras 4,5,6,7, and 8, the convening of a special or emergency session by the Speaker, the convening of the sessions under the information sent to the Speaker by the President, the number of members to call a session, validity of the meetings, adjournment of the meetings. The para 8 says, “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 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.” Regarding the para, we would like to give a suggestion. We wish a greater number of hluttaw members to be present at the sessions. Only then the sessions can obtain a clear majority vote in deciding a matter which is in accord with the essence of democracy.
The group finds the para 9 and 10 appropriate to be adopted as provisions for the Constitution. As there can be more than one person who are not entitled, the para according to our view should be changed to “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 a person or some persons who were not entitled to do so sat or vote or took part in the proceedings are discovered later.”
The group has no further discussions in connection with the para 11 concerning the publications of the Pyidaungsu Hluttaw for public information; the paras 12 and 13, the making of laws for the whole or any part of the nation and approving of bills; the para 14, international, regional and bilateral treaties; and the para 15, the matters that require the Pyidaungsu Hluttaw’s decisions, agreement and approval should be implemented.
The group finds the detailed basic principles of the paras 16, 17, 18, and 19 regarding the bills on national plans, the annual budgets and the taxation; and the paras 20, 21 and 22, the sending back of bills, the approval of bills and promulgation of bills appropriate.
The Work Committee Chairman’s clarification of para 23, 24 and 25 relating to the Speakers duties, invitation of the President to the meetings, presentation of bills and other matters by the Union level organizations; the para 26, the freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee and physical assaults are appropriate. Moreover, the para 27 “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 ”and the para (28) “The reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged” should be laid down.
All the members of the delegate group unanimously approve to adopt the 28 paras and their sub paras as detailed basic principles.
Source: http://www.myanmar.com/nlm/enlm/Jan15_rg3.html
Detailed basic principles contained in the paras 1 to 19 should be adopted for the Constitution
YANGON, 14 Jan— The following is a translation of suggestions of Delegate Group of Intellectuals and Intelligentsia submitted to the plenary session of the National Convention by Professor Daw Mya Mya Win of the Ministry of Education 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 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
The group sees the para 1 and sub para 2 concerning the first session of the hluttaws, comprehensively, and is in support of the paras and the para 3, the taking of the oath by the members, and the para 4, the interval between the two sessions. Members of the group support the paras 5, 6 and 7 concerning the duties of the Speaker, the validity of the hluttaw meetings, and the making of decisions on majority vote. In our view, para 9 if stated “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 a person or some persons who were not entitled to do so sat or vote or took part in the proceedings are discovered later. ”would be more appropriate.
We have no further suggestions for the para 10 concerning the publication of the records for public, the para 11, the submission of bills, the para 12, the releasing a bylaw, rule or regulation in line with the act prescribed by the Pyidaungsu Hluttaw, the para 13, the powers of the hluttaws that receive the bills, the para 14, the matters concerning the amendment of bills, and the para 15, the joint committees.
The para 16 explains powers and rights of the Speaker, the para 17 the rights of representatives of the Union level organizations and invited guests. We support the para 18 concerning the privileges of the hluttaw members.
The delegate group agrees that the detailed basic principles contained in the paras 1 to 19 should be adopted for the Constitution.
Source: http://www.myanmar.com/nlm/enlm/Jan15_rg4.html
Members of the delegate group of Intellectuals and Intellgentsia unanimously support all the 28 detailed basic principles for the legislation of the Pyidaungsu Hluttaw, the 19 detailed basic principles for the legislation of the Pyithu Hluttaw and Amyotha Hluttaw, and the 23 detailed basic principles for the legislation of the Region and State Hluttaws
YANGON, 14 Jan— The following is a translation of suggestions of Delegate Group of Intellectuals and Intelligentsia submitted to the plenary session of the National Convention by Dr Maung Maung Wint of the Ministry of Health 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 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
The delegate group agrees that the paras 1, 2, 3, and 4 concerning the convening of the first session of the hluttaws, the person who is responsible to call the hluttaw, taking of the oath, the interval between the sessions, and the minimum number of sessions for a year. The paras 5, 6, 7 and 9 are appropriate as they concern the recording of the speeches delivered by the State President, the reading and recording of messages sent by the State President and other messages sent under the permission of the Speaker, the recording of the speeches delivered by region or state chief minister, the submission, discussing and approval of draft of law, the dealing with or judgment on matters region or state Hluttaws shall carry out in line with provisions of the constitution and an existing law, the discussion, judgment and recording the reports to be submitted to region or state Hluttaws, the submission, discussion and judgment of proposals, the question answer sessions, and the carrying out matters permitted by Speaker of region or state Hluttaws and the duties of the Speaker, validity of the meetings and the number of days permitted for absence without leave.
In our view, para 10 if stated “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 or persons attended a session, voted, or took part in the functions ”would be more appropriate. The paras 11, 12 and 13 state the publication of records, the making of laws and the region and or state level bodies should be adopted.
The paras 14, 15, 16, 17, 18 and 19 in connection with the matters that calls for decisions and approval of region or state Hluttaw, the rights of region and state level bodies formed under the Constitution, submission and approving of bills, the duties of the region or state chief minister, and the rights of the members representing a region or state level body formed under the Constitution should be adopted.
We also agree that the paras 21, 22 and 23 regarding the functions of the Speakers, and privileges of the hluttaw members should be adopted as provisions of the Constitution.
We of the intellectuals and intelligentsia group support the 23 detailed basic principles.
All in all, the members of the delegate group unanimously support all the 28 detailed basic principles for the legislation of the Pyidaungsu Hluttaw, the 19 detailed basic principles for the legislation of the Pyithu Hluttaw and Amyotha Hluttaw, and the 23 detailed basic principles for the legislation of the Region and State Hluttaws.
Source: http://www.myanmar.com/nlm/enlm/Jan15_rg5.html