From
The New Light of Myanmar 18
January 2006
The
Plenary Meeting of National Convention Continues
The
first regular session of the Pyithu Hluttaw shall be convened within
90 days after the general election commences
Yangon, 16 Jan - The following is a translation of suggestions of Delegate Group of Other Invited Persons submitted to the plenary session of the National Convention by U Hudston of Kayah State Special Region-2 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 9 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
At the plenary session of the National Convention held on 14 December 2005, the Work Committee Chairman discussed matters related to the 19 detailed basic principles on the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter "Legislature" of the State Constitution.
We members of the delegate group of other invited persons studied these points thoroughly. Then, we found,
- fixing the commencement dates for the terms of the Pyithu Hluttaw and the Amyotha Hluttaw, and the time for the first regular session,
- vesting the power in the State Peace and Development Council to convene Hluttaw sessions in accordance with the State's seven-point Road Map after the State Constitution comes into force,
- procedures for Hluttaw members to take oaths, - fixing times for regular sessions of the two Hluttaws,
- prescribing of same eight work programmes of the two Hluttaws,
- the basic principle on the number of members necessary to form quorum for validity of sessions of the two Hluttaws,
- the basic principle on making a decision of the two Hluttaws through voting,
- the basic principle on taking action against members who are absent from sessions of the two Hluttaws,
- the basic principle for ensuring validity of decisions of the two Hluttaws notwithstanding vacant seats, and attendance of a person who was not entitled to attend a session,
- issuing of decisions of the two Hluttaws for public information.
In addition, the Work Committee described in detail duties and rights of the Speakers of the two Hluttaws. They are:
- the rights of the two Hluttaws to submit bills,
- the right to carry out matters on bylaws, rules and regulations,
- the right to pass bills reciprocally,
- the right of members representing a Union level body to hold discussions at the Hluttaw,
- investing the Speakers of the two Hluttaws with four duties and rights each,
- the right of Hluttaw members to enjoy freedom of speech and vote and discussions, and to take action, - the power to arrest a member attending a Hluttaw session,
- legal privileges on reports and documents of the Hluttaws.
They have been laid down to set harmony between the two Hluttaws regarding their duties and rights. So, we would like to suggest that the detailed basic principles be adopted. They are:
1. (a) The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences
(b) (1) The term of the Amyotha Hluttaw commences on the date on which the term of the Pyithu Hluttaw commences
(2) The first regular session of the Amyotha Hluttaw shall be convened within seven days after the commencement of the term of that Hluttaw
2. (a) (1) The State Peace and Development Council shall convene the first regular session of the Pyithu Hluttaw after the Constitution has come into force
(2) The Speaker of the Pyithu Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Pyithu Hluttaw.
(b) (1) The State Peace and Development Council shall convene the first regular session of the Amyotha Hluttaw after the Constitution has come into force
(2) The Speaker of the Amyotha Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Amyotha Hluttaw.
3. (a) (1) Members of the Pyithu Hluttaw shall take oaths before the Chairman of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw
(2) The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they first attend
(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw
(2) The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they first attend
4. (a) The Speaker of the Pyithu Hluttaw shall convene regular session of the Pyithu Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
(b) The Speaker of the Amyotha Hluttaw shall convene regular session of the Amyotha Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
5. (a) The following matters are carried out at the sessions of the Pyithu Hluttaw.
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the Pyithu Hluttaw shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented to the Pyithu Hluttaw
(6) Submitting proposals, holding discussions and making decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of Pyithu Hluttaw
(b) The following matters are carried out at the sessions of the Amyotha Hluttaw.
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the National Hluttaw shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented to the National Hluttaw
(6) Submitting proposals, holding discussions and making decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of National Hluttaw
6. (a) (1) The first day session of the Pyithu Hluttaw is valid if more than half the number of members who have the right to attend the Pyithu Hluttaw session, are present. If a session is not valid it shall be adjourned.
(2) The sessions that are adjourned under sub-Para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Pyithu Hluttaw members are present.
(b) (1) The first day session of the Amyotha Hluttaw is valid if more than half the number of members who have the right to attend the Amyotha Hluttaw session, are present. If the session is not valid it shall be adjourned.
(2) The sessions that are adjourned under sub-para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Amyotha Hluttaw members are present.
7. (a) (1) 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.
(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the first instance in the sessions of the Pyithu Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.
(b) (1) 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.
(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote in the first instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.
8. (a) (1) The Pyithu Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.
(2) The Pyithu Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
(b) (1) The Amyotha Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.
(2) The Amyotha Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
9. (a) Notwithstanding vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, even if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.
(b) Notwithstanding there are vacant seats, the Amyotha Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, even if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.
10. (a) The functions and records of Pyithu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyithu Hluttaw shall not be published.
(b) The functions and records of Amyotha Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Amyotha Hluttaw shall not be published.
11. (a) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Pyithu Hluttaw according to the prescribed provisions
(b) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Amyotha Hluttaw according to the prescribed provisions
12. (a) (1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Pyithu Hluttaw members at the nearest regular session of Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu Hluttaw.
(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Pyithu Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(3) If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
(b) (1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Amyotha Hluttaw members at the nearest regular session of Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha Hluttaw.
(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Amyotha Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(3) If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
13. (a) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Pyithu Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Pyithu Hluttaw and shall be discussed and passed resolution in the Pyithu Hluttaw.
(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the right to initiate the bills related to the remaining matters in the Pyithu Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line with the prescribed provisions.
(3) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.
(b) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Amyotha Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Amyotha Hluttaw and shall be discussed and passed resolution in the Amyotha Hluttaw.
(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the right to initiate the bills related to the remaining matters in the Amyotha Hluttaw. Such bills shall be under discussion at the Amyotha Hluttaw in line with the prescribed provisions.
(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.
14. (a) (1) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.
(2) When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.
(3) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.
(b) (1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.
(2) When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.
(3) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw
15. (a) Members of a Union level body formed under the Constitution shall have the right -
(1) to explain and discuss the bills and other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw
(2) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Pyithu Hluttaw with the permission of the heads of these committee, commission and bodies
(b) Members of a Union level body formed under the Constitution shall have the right -
(1) to explain and discuss the bills and other matters of their bodies while attending a session of the Amyotha Hluttaw with the permission of the Speaker of the Amyotha Hluttaw
(2) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Amyotha Hluttaw with the permission of the heads of these committee, commission and bodies
16. (a) The Speaker of the Pyithu Hluttaw shall have the right -
(1) to supervise sessions of the Pyithu Hluttaw
(2) to invite the President of the Union if he informs his desire to deliver a speech at a session of the Pyithu Hluttaw
(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw
(4) to discharge other duties and functions prescribed under the Constitution or a law
(b) The Speaker of the Amyotha Hluttaw shall have the right-
(1) to supervise sessions of the Amyotha Hluttaw
(2) to invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw
(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw
(4) to discharge other duties & functions prescribed under Constitution or a law
17. (a) (1) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(3) Action shall be taken against those members stated in sub-paras (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
(b) (1) Members of the Amyotha Hluttaw shall have the freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(3) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
18. (a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker through the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(3) If there arises a need to arrest a member of Pyithu Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.
(b) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Amyotha Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(3) If there arises a need to arrest a member of Amyotha Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.
19. (a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.
(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.
National Convention Convening Work Committee and members of panel of alternate chairmen hold coordination meeting
Yangon, 17 Jan - A coordination meeting between the National Convention Convening Work Committee and members of the panel of alternate chairmen of the plenary session of the National Convention took place this morning at the meeting room of NCCWC at Nyaunghnapin Camp in Hmawby Township, Yangon Division attended by Chairman of NCCWC Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung, Secretary U Thaung Nyunt, members of the work committee and members of panel of alternate chairmen.
Chairman of the NCCWC U Aung Toe presided over the meeting and Joint Secretary-1 U Khin Maung Myint acted as master of ceremonies.
First, the Chairman of NCCWC U Aung Toe delivered an address. Vice-Chairman U Aye Maung and Secretary U Thaung Nyunt reported on work being carried out.
Those present discussed matters on work to be carried out. The meeting ended with concluding remarks by NCCWC Chairman Chief Justice U Aung Toe.
Delegate Groups hold meetings to compile proposals
Yangon, 17 Jan - Delegate Groups of the National Convention - the Delegate Group of Political Parties and the Delegate Group of State Service Personnel-held their group meetings at designated hall of Nyaunghnapin Camp in Hmawby Township today.
Delegate Group of Political Parties
The Delegate Group of Political Parties held its meeting at the hall-1 this morning. U Philip Sam (a) U Saw Philip of Wa National Development Party presided over the meeting.
Deputy Director U Khin Maung Phyu and Assistant Director U Khin Sein of Work Group-6 of the National Convention Convening Work Committee acted as MCs.
The Master of Ceremonies announced the validity of the meeting as 26 delegates out of 28 attended the meeting accounting for 92.86 per cent. First, meeting chairman U Philip Sam (a) U Saw Philip delivered a speech.
Next, U Aung Khin of Union Pa-O National Organization, U Mann Tin Maung (a) U Mann Myo Nyunt of Union Kayin League, U Kyan Wai (a) U Khin Naing of Kokang Democracy and Unity Party, U Kyaha Shae of Lahu National Development Party and U Hsamhsaungka of Wa National Development Party presented proposals of their parties 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.
Delegate Group of State Service Personnel
The Delegate Group of State Service Personnel held its meeting at the hall-7. The meeting was presided over by U Myat Ko of the Ministry of Home Affairs together with members of the panel of chairmen Maj-Gen Aung Thein of the Ministry of Defence and U Arnt Maung of the Ministry of Religious Affairs. Deputy Director U Htay Win and Assistant Director U Htein Min of Work Group-9 of the National Convention Convening Work Committee acted as MCs.
The master of ceremonies announced the validity of the meeting as 105 delegates out of 109 attended the meeting accounting for 96.33 per cent. The meeting was opened with an address by meeting chairman U Myat Ko. Next, U Khin Maung Kyi of the Ministry of Education, U Pyay Thein of the Ministry of Education and U Zaw Tun of the Ministry of Home Affairs presented proposals of 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.
Those present took part in the discussions.
The meeting ended with concluding remarks by the meeting chairman.
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2017.htm